In the hearing on the issue of threatening letters in the Supreme Court, Chief Justice Qazi Faiz Isa has remarked that we will not allow interference in the judiciary under any circumstances, we will protect the independence of the judiciary, if I cannot stop the interference, then let me go home. Should go.
The Supreme Court also ordered to make the recommendations of the High Court public.
A 6-member larger bench headed by Chief Justice of Pakistan Qazi Faiz Isa heard the spontaneous notice on the letter of 6 judges of Islamabad High Court. In which the judges gave various remarks related to interference in the judiciary.
During the hearing, the Chief Justice said that the Presidents of the Lower Judiciary Bars sit in the Chamber of Judges, is this not an interference, when we appoint a monitoring judge, it is also an interference, when we form a JIT consisting of agencies, it is also an interference. Justice Jamal Mandukhel said that 2 members of this bench are also being targeted, let alone the High Court judges, we took notice, what happened to us?
The Chief Justice said that pushing the Judiciary on its own path is also interference, I want to strengthen the Parliament, if there is interference in my work and I cannot stop it, I should go home.
Justice Mansoor Ali Shah said that a firewall has to be erected in front of the interference, it has to be decided how action should be taken if someone interferes. Justice Athar Manullah said that I was in the Islamabad High Court and no one interfered. Justice Musarat Hilali said that in my opinion one who cannot bear the pressure should not sit on the seat.
Justice Athar Manullah remarked that no one is above the law, not the recommendations of the judges of the Islamabad High Court but the charge sheet, Shaukat Siddiqui case was such a big decision, was he held accountable.
The Chief Justice said that what happened to us, we were expelled from the benches.
Justice Athar Manullah further said that what is happening with Justice Babar Sattar is in front of everyone, if the intelligence agencies do something, then the prime minister and the cabinet are responsible, we also have to maintain the reputation of our armed forces, Islamabad. Not the recommendations of the High Court judges but the charge sheet.
Justice Athar Manullah remarked that if the intelligence agencies do something, then the prime minister and the cabinet are responsible, we also have to maintain the reputation of our armed forces.
Chief Justice Qazi Faiz Isa has remarked that people may not want the independence of the judiciary, we will ensure the independence of this court, there should not be attacks from inside and outside.
He further said that I want to explain how the case was filed under section 184 three, the committee had decided, the available judges will hear the case, Justice Yahya Afridi excused himself from sitting in the case and also gave the reasons, I had said. Perhaps the full court heard the case, 2 judges were not available.
Chief Justice Qazi Faiz Isa said that he is grateful to the Parliament which created the Practice and Procedure, the former Chief Justice also became the head of the commission.
Chief Justice Qazi Faiz Isa said that this court is not responsible for the past history, if there are any suggestions then bring them forward, now the matter is how to proceed, Attorney General sir, have you read the suggestions sent by the High Court.
Attorney General Mansoor Usman Awan replied that I have not read the proposals yet.
On this occasion, Justice Atharmanullah said that it is not just suggestions but a charge sheet.
‘When JITs are formed with agencies, it is also interference’
The Chief Justice of Pakistan further said that the Presidents of the Bars of the Lower Judiciary sit in the Chamber of Judges, is this not an interference, when we appoint a monitoring judge it is also an interference, when we form a JIT consisting of agencies it is also an interference, monitoring. Appointment of judge, formation of JIT is also interference in judiciary, I can tell how the court was used for its own benefit, this whole matter is related to independence of judiciary.
‘It has to be decided, how to take action’
Justice Mansoor Ali Shah said that in this case we have an opportunity to solve the issue, we have to build a firewall once morest interference. We have to sit down and solve this problem. It has to be decided if someone interferes, how to take action once morest him.
The Chief Justice said that we have to decide that no political power will be used by the government or sensitive institutions.
During the hearing, Justice Athar Manullah said that the personal information of a judge was leaked on social media, the issue of green card of a judge was raised.
Supreme Court’s order to make public the recommendations of the Islamabad High Court
The Chief Justice remarked that everything is going on in the media, we also make the suggestions public, then a judge should not be asked to deal with a case in a specific manner, the independence of the judiciary is affected by the appointment of a monitoring judge. The independence of the judiciary is also affected.
Interference in Lahore High Court?
Justice Jamal Mandukhel said that the Lahore High Court is also talking regarding intervention.
On this occasion, Justice Mansoor said that means the Lahore High Court has called the intervention an open secret.
At one point during the hearing, Justice Jamal Mandukhel said that leave the High Court judges, we have taken notice, what happened to us?
Justice Jamal Mandukhel said that the Lahore High Court also did not come to the complete truth, the Lahore High Court talked regarding intervention but did not do it openly.
## ‘Since I became Chief Justice, not a single case of interference has come to me’
Chief Justice Qazi Faiz Isa remarked that the civil judge of Makran should be as powerful as the Chief Justice, and the Chief Justice should not ask any judge to deal with the case in a specific manner. Ever since I became the Chief Justice, not a single case of interference has come to me, I will not allow any interference in the judiciary.
‘When the state becomes aggressive once morest the judge, that is a different matter’
Justice Athar Manullah said that I agree with the Chief Justice, there should not be such interference from within, we have to solve the internal matter ourselves, when the state becomes aggressive once morest the judge, that is a different matter. The issue has been raised.
Justice Athar also said that what happened to a judge of Islamabad since the last hearing?
‘2 bench members are being targeted, we took notice, what happened to us’
Justice Mansoor Shah said that this case is an opportunity, this matter should be solved forever, this is a golden opportunity to create a code, what is there to think regarding.
Justice Jamal Mandukhel said that 2 members of this bench are also being targeted, leave the High Court judges, we have taken notice, what happened to us?
‘Judges are said to know where your child studies’
Justice Athar Manullah said that I know many judges who are said to know where your child is studying. In 2018, the campaign was also once morest me. The responsibility lies with the state, it is not enough to just stand here and say it is shameful.
Justice Mansoor said, it is said to keep the phone away and talk, don’t speak in the room, you will be heard, what is this?
Suggestions by District Judiciary
Chief Justice Qazi Faiz Isa said that the district judiciary has also sent some suggestions.
The Attorney General read out the recommendations sent by the District Judiciary.
In the suggestions, it was said that action should be taken by identifying the organizations and individuals involved in phone tapping, video recording, if the agencies interfere or blackmail, the judge should take contempt of court action, where there is interference, the Chief Justice or any judge should use CCTV recording. Summons, District and Sessions Judges, if they do not conduct the proceedings themselves, report to the High Court.
It should be noted that the Supreme Court held the first hearing on April 3 on its own notice and in the written order of the first hearing, Justice Yahya Afridi also wrote a dissenting note, following which he is not a part of the bench.
It should be noted that at the beginning of this month, 8 judges including the Chief Justice of Islamabad High Court received threatening letters.
In this regard, the sources said that when the staff opened the threatening letters, their eyes started burning and the concerned staff immediately used sanitizer and washed their hands.
It is clear that the six-member larger bench including the Chief Justice includes Justice Mansoor Shah, Justice Jamal Mandukhel, Justice Atharmanullah, Justice Musrat Hilali and Justice Naeem Akhtar Afghan.
Adjourning the hearing till May 7, the Chief Justice said that it will be difficult to hear all the parties, all the parties should give written submissions.
The Chief Justice wrote the hearing order.
In the order of the hearing, it was said that a notice is issued to the Pakistan Bar Council and the Supreme Court Bar Association. Both the bars were directed to submit their reply till the next hearing.
The Chief Justice said that five High Courts have submitted their proposals to the Supreme Court. Supreme Court Bar Association and Pakistan Bar Council notices have been issued, replies will be filed before the next hearing.
The Chief Justice said that it would be helpful if the bar associations and bar councils came up with a reply together, the agreed points as well as the dissenting points might be filed separately.
Justice Mansoor Shah said that any bar association that wants to submit a reply should do so.
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2024-05-04 22:39:30
