Justice Yahya Afridi recuses himself from suo moto bench hearing meddling case

ISLAMABAD: Supreme Court of Pakistan Judge Justice Yahya Afridi has recused himself from the seven-member larger bench assembled to address a suo motu case concerning accusations of intelligence agencies meddling in judicial affairs.

In his statement, Justice Afridi suggested that the apex court should refrain from handling the case from a judicial standpoint.

He emphasized that the Islamabad High Court (IHC) judges, numbering six, had already highlighted the importance of establishing a code of conduct and cautioned against dealing with administrative matters through judicial channels, as it could create a negative perception.

He advised against invoking Article 184(3) of the Constitution for this case. Justice Afridi further underscored the administrative role of the country’s high courts in safeguarding judicial integrity under the Constitution.

He pointed out that the IHC’s chief justice and judges possessed administrative powers that they could have utilized in this matter.

The background of the case involves Chief Justice Qazi Faez Isa taking notice of a letter from IHC judges on April 1, alleging interference by intelligence agencies in judicial affairs. The letter was penned by several IHC judges in response to a Supreme Court judgment on March 22 regarding the dismissal case of Shaukat Aziz Siddiqui.

The judges sought guidance from the Supreme Judicial Council (SJC) on the responsibility of judges to report and respond to attempts by the executive, including intelligence operatives, to interfere with their official duties, which they deemed as intimidation.

During the initial hearing on April 3, Chief Justice Isa hinted at convening a full court session for the next hearing regarding the suo motu notice on the IHC judges’ allegations.