During the hearing of a suo motu case regarding the startling allegation made by six judges of the Islamabad High Court in a letter they wrote last week to the Supreme Judicial Council, the Supreme Court declared that it will not tolerate pressure.
A seven-member larger bench heard the case, which was broadcast live on the social media platforms of the Supreme Court. Chief Justice of Pakistan (CJP) Qazi Faez Isa headed the larger bench, which also included Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Jamal Mandokhel, Justice Athar Minallah, Justice Mussarat Hilali, and Justice Naeem Akhtar Afghan.
It was revealed last week that six of the eight judges on the Islamabad High Court (IHC) wrote a letter to members of the Supreme Judicial Council (SJC) complaining about attempts to intimidate judges by kidnapping and torturing their relatives and by secretly spying on them at home.
Later, the chief justice hinted at forming a full court on the matter in the next hearing, and adjourned the case to the last week of April.
The hearing
Senior lawyer Hamid Khan told the court he had filed a petition on Tuesday on behalf of the Lahore High Court Bar. The chief justice said: "We point fingers at others, but first we should point them at ourselves."
He further noted that a petition is printed in newspapers before it is even filed. "Is this also a way to build pressure? I do not take any pressure." he stressed, adding that it should be seen from the announced verdicts whether there was pressure or not.
The CJP then instructed the attorney general to read out the press release issued after the full court meeting. "We may be bringing back the Goebbels era in propaganda," CJP Isa noted, adding that he held a meeting with the high court judges the same day the letter was received.
"There will be no compromise on the independence of judiciary," the CJP remarked, asking where the lawyers were for four years who asked to take suo motu notice. "If someone has another agenda, they can become the chief justice or the bar president."
"We will not tolerate such pressure," CJP Isa stressed, adding that it was decided to hold an official meeting with the prime minister on the administrative side, not the judicial side.
The AGP said he would like to clarify on behalf of the government that any impression being given that the government was forming its own commission was wrong. He said they had suggested the name of former chief justice of Pakistan Tassaduq Hussain Jilani as head of the commisison.
After receiving the judges' letter, the government had constituted a one-member commission of inquiry to investigate the matter, which was to be headed by former chief justice of Pakistan Tassaduq Hussain Jilani. However, later the former CJP wrote a letter to the prime minister and excused from the chairmanship.
The CJP asked for the names on the commission, to which the AGP pointed out that Justice Isa had himself put forward the names of former chief justices Jilani and Nasirul Mulk.
The AGP told the court that the law minister himself met ex-CJP Jilani and told him his name had been proposed by the court, adding that Jilani then asked for the commission's TORs, which were communicated to him. Justice Jilani then asked to include a condition in the terms.
"After that personal attacks started on Tassaduq Hussain Jilani. A proper environment was created. What gentleman would serve in such an environment? The name of such a former chief justice was suggested, on whom the minimum finger would be raised," CJP Isa remarked, adding that he was embarrassed at the allegations levelled against Jilani.
He said that if someone had a disagreement, he should have written to the government or the chief justice and complained. The impression that the court gave away its powers to the executive was completely wrong, the CJP said, adding that ever since he became the chief justice, he had been saying that every institution should work within its limits.
"We do not have the authority to form a commission in the Constitution. This authority has been given by parliament to the federal government. This authority has also been given to each province," CJP Isa remarked.
The AGP stressed that the federal government will not compromise on the independence of the judiciary. He recalled that an individual, Mirza Iftikhar, had threatened the CJP and there was video evidence too. "Your wife recorded a statement and named Mirza Shahzad Akbar and Lt Gen (retd) Faiz Hameed. The then federal government did not take any action, but contempt of court action started against Mirza Iftikhar. Two chief justices retired, but the case has not progressed," he added.
He also denied the impression that the federal government interfered in the judiciary.
The CJP said he had read the IHC judges' letter many times and it is being taken seriously, but there are many aspects to it. "This letter is addressed to the Supreme Judicial Council. I agree with Tassaduq Jilani that the powers of the council are mentioned in the Constitution."
The AGP said some of the incidents described in the judges' letter are a year or more old, adding that evidence of these incidents has to be collected, so it was considered appropriate to form a commission.
Justice Isa said the judges' letter also mentions the case of Justice Shaukat Siddiqui, who was removed by the Supreme Judicial Council. The Supreme Court decision in the case is benefiting the six IHC judge. "Pressure on the judges can also come through fellow judges, family, children, and friends. Nowadays, there is a new epidemic, there is also pressure from social media and the media," he added.
The CJP remarked that an inquiry should have been done by an investigating agency, adding that the high court judges did not name anyone in their letter but threw hints.
The AGP told the court that the letter mentions that the judges met the then CJP in May 2023, while Justice Ijazul Ahsan was also present in the meeting. He said the judges also mention a meeting with the incumbent CJP, at which Justice Isa acknowledged he met them, but that it should not be called a meeting.
"Copies of the letters written by the judges later were not sent to me," he remarked. The AGP said the letter mentions institutional response.
"If there has been no complaint of interference by any judge, it does not mean that intervention would not have happened," CJP Isa said.
Justice Minallah said it is true that political engineering was going on, and perhaps this court was also involved, adding that the letter of the judges is saying this process continues even today.
Justice Mandokhel remarked that there was a reference at which a former prime minister admitted it was a mistake.
"How long will we keep pointing fingers at each other?" CJP Isa questioned, adding that if there are external attacks on the judiciary, there can be internal attacks as well. "We have held ourselves accountable, the government should also fulfill its responsibility," the CJP remarked.
Justice Shah said it was not possible to sit with necks deep in the ground like an ostrich. "From a civil judge to the Supreme Court, the whole system has to be formed on this matter."
"We cannot close our eyes and give an impression that we do not know anything," Justice Minallah remarked. Justice Akhtar remarked that the government was violating court orders by resorting to MPO orders.
The CJP asked if the Supreme Court can itself declare a 'Mr X' responsible for interference. "How do we investigate? An inquiry will have to be conducted by someone," he added.
The president of the Supreme Court Bar Association said that is why the bar was in favour of the commission of inquiry, adding that no one else even suggested an alternative.
"If there is any interference while I am the chief justice, it should be brought to notice and then see what happens," Justice Isa remarked. He further said that there was no mechanism for the Supreme Court to supervise any high court.
Justice Shah remarked that the IHC judges said their own chief justice did nothing. "We are not interfering, but we have to tell what will happen if their chief justice does not do anything." he added.
Later, the CJP declared that the order of the day was that they will not tolerate any interference. The AGP said an inquiry cannot be held in the present proceedings, adding that inquiries and guidelines can come only from the Supreme Judicial Council.
CJP Isa announced that the next hearing will be held on April 29 or 30 and the cases will be heard on a daily basis. The hearing of the case was adjourned till the last week of April.
