Calls for probe into letter by 6 IHC judges on ‘brazen meddling’ in judicial affairs
Calls emerged from various quarters on Wednesday for a probe into allegations made by six Islamabad High Court (IHC) judges against interference in judicial affairs by the country’s intelligence apparatus.
On Tuesday, six IHC judges — out of a total strength of eight — wrote a startling letter to the Supreme Judicial Council (SJC) members, regarding attempts to pressure judges through abduction and torture of their relatives as well as secret surveillance inside their homes.
The letter addressed to SJC members — Chief Justice of Pakistan (CJP) Qazi Faez Isa, Supreme Court Justices Mansoor Ali Shah and Munib Akhtar and IHC CJ Aamer Farooq and Peshawar High Court CJ Mohammad Ibrahim Khan — also questioned if there existed a state policy to “intimidate” and coerce judges.
The six judges also supported the demand of the former IHC judge, Shaukat Aziz Siddiqui, for a probe into the allegations of interference by Inter-Services Intelligence (ISI) operatives.
The IHC Bar Association (IHCBA) demanded the CJP hold a “transparent inquiry” into the matter and that legal action be taken against those involved.
In a press release, the association said its cabinet held an emergency meeting. The lawyers’ body “strongly condemned the interference of one institution into the matters of another institution”.
It further demanded that the “judiciary ensure independent decisions according to the law and the Constitution without fear or danger”. It also commended the six IHC judges for their “courage and bravery”.
The association said that if needed, it would prove to be a vanguard for the judiciary’s independence and “would take every step needed for the supremacy of the Constitution and the law”.
“The IHCBA would not even hesitate from holding a lawyers representative convention, countrywide lawyers convention, strike, hunger strike and running a movement if needed for the judiciary’s independence,” it asserted.
The Lahore High Court Bar Association (LHCBA) demanded “immediate action against those intelligence agencies and their personnel involved in such nefarious activities and [that] they be punished for undermining and subverting of the Constitution and the law”.
It further demanded “immediate action by the SJC against those judges who cooperate with such intelligence agencies, thus playing havoc with the administration of justice”.
Condemning the alleged interference in the “strongest terms”, the LHCBA said it was a “serious threat to the rule of law and independence of judiciary”.
The body said that the current CJP and his predecessor — Justice Isa and Justice Umar Ata Bandial — “failed to act timely to avert this grave situation”.
It further said that the IHC chief justice had “failed to protect his fellow judges and the judges subordinate to IHC”, terming his conduct “not appreciable”.
“We expect from CJP to act towards the protection of judges of the superior courts as well as the subordinate courts […] and to create conditions and [an] environment in which judges can dispense justice without any fear or favour,” the LHCBA said.
The Sindh High Court Bar Association (SHCBA) demanded that a judicial commission comprising three SC judges be formed to “investigate and probe the allegations and take firm steps to stop such interference”.
In a resolution passed after an urgent meeting of its managing committee, the SHCBA called for “institutional mechanisms to safeguard the independence of the judiciary, including measures to protect judges from threats and external influence and strengthen accountability mechanisms within the judiciary”.
The lawyers’ body strongly condemned any alleged interference “by the executive branch or operatives of intelligence agencies”. It termed the alleged surveillance of a judge through video recordings “the worst form of intrusion of privacy”.
“While we strongly condemn such tactics, we appreciate the honourable judges for the strong stance taken by them,” the resolution said.
In an open letter, Supreme Court Bar Association (SCBA) Additional Secretary Sardar Shahbaz Ali Khosa urged CJP Isa to take suo motu notice of the matter under Article 184(3) of the Constitution and conduct a “thorough and transparent (live) hearing” of the case.
He also called for an “immediate and rigorous scrutiny” into the allegations. “The judiciary must be a safe haven for the pursuit of justice, untouched by the shadow of coercion, fear, or undue influence,” Khosa said.
He also highlighted a “recent crackdown on journalists and media outlets who have reported on these alleged interferences” and urged CJP Isa to summon prominent journalists across Pakistan to detail the “extent of interference and coercion that the free press is being meted to on an everyday basis”.
The SCBA official further called for a meeting of the SJC to be convened on the issue and “not only ascertain the way forward but also fix responsibilities”.
“The SCBA of Pakistan, alongside lawyers and bar associations across the nation, will and must stand ready to support our judiciary in upholding the rule of law,” the open letter stated.
“For if we are not just today or turn a blind eye or a deaf ear, history will surely judge us harshly even if it is after fifty years,” it added.
The Balochistan Bar Council also called on CJP Isa to take a suo motu notice of the allegations. In a press release, the council expressed its concerns over the matter and said the alleged interference in judicial matters was “condemnable and unacceptable in any circumstances”.
The bar council also demanded that the Pakistan Bar Council convene a conference of lawyer representatives from across the country to decide on a plan of action.
PTI calls for ‘impartial inquiry’
Meanwhile, a statement posted on the X account of former prime minister Imran Khan — who is currently incarcerated — “welcomed the six brave judges […] who have highlighted the alarming state of affairs of the higher judiciary” and called for an “impartial inquiry” into the matter.
“This letter with its two annexures, brings on the record the brazen and shameful interference of the intelligence agencies in judicial matters, which is a damning indictment against the independence of the judiciary in the country,” the statement said.
“The fact that the judges have been intimidated and coerced into giving judgments based on political expediency raises a lot of questions on the fairness of the courts and their judgments over the last two years,” it added.
It said the letter also questioned the “credibility of the state narrative with results to May 9, an event instigated within the IHC when Chairman PTI Imran Khan was abducted and dragged from the court premises by paramilitary forces, who stormed the building of the IHC”.
Highlighting that a “wave of political victimisation has been unleashed” against the party, the PTI said that “courts have been unable to assert their authority or dispense justice”.
The statement emphasised that as the IHC and its lower courts were where most of the cases against Imran were sub judice, “the fact that this court is under influence and pressure raises serious doubts on these cases as well”.
Separately, PTI’s Barrister Gohar Ali Khan called for ensuring the safety of the judges who had written the letter as well as their families. Addressing a press conference in Islamabad, he demanded that an inquiry be conducted by a judicial commission.
“We also demand that the inquiry, investigation and proceedings are conducted by the SC in open court. This is extremely important for the independence of the judiciary,” he said.
He further said that the letter detailed alleged interference in “politically consequential matters”. He said that after the letter, it was clear that “due process” was violated in the cases against Imran. “This is proof that all those decisions are now null and void,” he said, calling for Imran’s immediate release.
He also called on legal bar councils and associations to set aside political differences and make efforts to rid the judiciary of “interference”. He assured the country’s lawyers that the PTI would stand with them in this endeavour.
“Politics is silent today. We stand in solidarity with the judiciary,” he said as he urged the SC to constitute a larger bench to hear the matter from tomorrow.
“This is not a letter, this is a charge sheet. This is a complaint and there should be further proceedings,” he said.
At the same presser, PTI Secretary General Omar Ayub Khan termed the letter a “charge sheet” and “an indictment”.
“The system has been exposed […] the rule of law no longer exists,” he said. He further said that it had now become clear that the target of the alleged interference was Imran.
Judges lauded for showing ‘bravery’
PPP’s human rights cell president and former senator Farhatullah Babar said that the letter by the six judges about “their coercion, intimidation and invasion of privacy by agencies is beyond wildest imagination”.
“Sweeping it under the rug is inviting disaster, hastening implosion. Eternal gratitude to judges for standing up and calling [a] bluff at [a] huge risk,” he said.
“As an advocate of the high courts of Pakistan, I stand in solidarity with the judges of IHC,” said Barrister Khadija Siddiqi.
Activist Usama Khilji said that “the bar must stand with the bench with full force to uphold the independence of the judiciary in Pakistan”.
Human rights lawyer Imaan Zainab Mazari-Hazir termed the letter “huge”. “Everyone has known the pressure the courts have been under but the bravery of these 6 judges must be applauded,” she said.
The letter
Dated March 25, the letter was signed by IHC Justices Mohsin Akhtar Kayani, Tariq Mehmood Jahangiri, Babar Sattar, Sardar Ejaz Ishaq Khan, Arbab Muhammad Tahir and Saman Rafat Imtiaz.
It mentioned seven instances of alleged interference and intimidation “to influence the outcome of cases of interest” by the intelligence officials, pointing out that when two out of three judges in the bench hearing the plea to disqualify PTI leader Imran Khan for concealing his alleged daughter opined that the case was not maintainable, they were pressured by “operatives of the ISI” through friends and relatives.
The situation got so stressful that one of the judges had to be admitted to hospital due to high blood pressure, the letter said.
According to the six judges, the matter was brought to the notice of the IHC chief justice and the then-CJP. The former informed the judges that he had “spoken to the DG-C of ISI and had been assured that no official from ISI will approach the judges of the IHC”.
The letter complained that “interference on the part of intelligence operatives” continued even after IHC CJ’s assurance.
It also referred to the abduction of an IHC judge’s brother-in-law by armed men who claimed to be ISI operatives. The victim was “administered electric shocks” and “forced to record a video” making false allegations, apparently against the judge.
“Subsequently, a complaint was filed against the judge of IHC before the SJC, accompanied by an orchestrated media campaign to bring pressure to bear upon the judge to resign.”
The letter revealed that in May 2023, an IHC inspection judge reported to the chief justice that district court judges were being intimidated and crackers were thrown into the house of one additional district and sessions judge.
The judge was even called to the IHC to verify the claims which he confirmed. But instead of probing the allegations, the judge “was made officer on special duty and transferred to IHC, before being sent back to Punjab as he was a judicial officer on deputation”.
The letter said that last year, during routine maintenance, an IHC judge found that his official residence had been bugged with spy cameras concealed in his drawing room and bedroom.
When data from surveillance equipment was recovered, it showed that “private videos of the judge and his family members” were stored. “The matter was brought to the attention of the IHC chief justice. There has been no determination of who installed the equipment and who is to be held accountable…”, the letter added.
Along with their letter to the SJC, the six judges also attached copies of letters written to Justice Farooq on May 10, 2023 and Feb 12, 2024.
The letters mentioned, among other complaints, ISI officials’ efforts to pressurise IHC judges and probe into the tax records of at least one judge “to seek a certain outcome”.
They added that it was imperative to determine whether there was a “policy on the part of the executive … implemented by intelligence operatives” to intimidate judges.
“[The] allegations of interference by operatives of ISI have been dealt with and relief has been granted to a former judge of IHC who was wronged. We believe that while such action was necessary, it may not be sufficient,” the letter said about Justice Siddiqui’s case.
The judges noted that the SJC’s code of conduct for judges did not outline the response to such incidents “that are tantamount to intimidation and interfere with judicial independence”.
They called for a judicial convention to discuss the interference of intelligence officials “that undermines independence of the judiciary”.
The consultation would help the Supreme Court to determine a course of action that judges could take “when they find themselves at the receiving end”, the letter said.