No intrusion by executive into judicial matters will be tolerated: CJP Isa

ISLAMABAD: After a letter from six Islamabad High Court (IHC) judges alleging interference by intelligence agencies, Chief Justice of Pakistan (CJP) Qazi Faez Isa asserted that any intrusion by the executive into judicial matters and the functioning of judges will not be tolerated under any circumstances.

A statement issued by a Supreme Court spokesperson, subsequent to a full court meeting and CJP Isa’s discussion with Prime Minister Shehbaz Sharif, outlined the sequence of events.

The letter from the IHC judges, dated March 25, 2024, was received by CJP Isa on March 26. The judges—Justice Mohsin Akhtar Kiyani, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, Justice Arbab Muhammad Tahir, and Justice Saman Fafat Imtiaz—urged the Supreme Judicial Council (SJC) to convene a judicial convention regarding alleged intelligence agency interference in judicial affairs.

In their letter, the judges sought guidance from the SJC on handling intelligence agencies’ interference in court matters and the duty of judges to report such actions that undermine their official functions or constitute intimidation.

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Responding promptly to the gravity of the allegations, CJP Isa convened a meeting with all Islamabad High Court judges on the same day, listening to their concerns individually for over two and a half hours.

The following day, CJP Isa met with Attorney General Mansoor Usman Awan and Law Minister Azam Nazeer Tarar, followed by a meeting with the president of the Supreme Court Bar Association and the senior-most member of the Pakistan Bar Council present in Islamabad.

A full court meeting of all Supreme Court judges, chaired by CJP Isa, was held to deliberate on the issues raised in the IHC judges’ letter. It was agreed that CJP Isa would meet with the Prime Minister to discuss the matters raised.

Subsequently, Prime Minister Shehbaz Sharif, accompanied by the law minister and the AGP, met with CJP Isa, the senior puisne judge, and the registrar of the Supreme Court.

During the meeting, CJP Isa emphasized that executive interference in judicial affairs would not be tolerated, affirming the indispensability of judicial independence for the rule of law and democracy.

A proposal was made during the meeting to establish an inquiry commission under the Pakistan Commissions of Inquiry Act, 2017, led by a retired judge of impeccable integrity. PM Shehbaz assured that the federal cabinet would be convened to approve the commission’s formation.

Furthermore, PM Shehbaz endorsed CJP Isa’s views and pledged to take necessary steps to ensure an independent judiciary, including issuing directives to relevant departments and initiating legislation in line with the Suo Moto No. 7/2017 (the Faizabad Dharna judgment).

Continuing the process, CJP Isa briefed all judges on the outcome of the meeting with the Prime Minister during another full court meeting.