Supreme Court orders government to end ‘interference’ in judicial matters

Chief Justice of Pakistan Justice Qazi Fire Isa says that if a judge is being interfered with in his work, he can take contempt of court action himself, in this case he does not need the permission of the Supreme Court or the Supreme Judicial Council. .’

During the hearing of the letter of six judges on the alleged interference of the secret agencies in the affairs of the judiciary on Wednesday, Chief Justice Qazi Faizaisi further said that the Constitution and the law give the power of contempt of court to the judges, in the Shaukat Siddiqui case. The court decision is benefiting six judges of the High Court.

The Chief Justice said that since I became the Chief Justice, no judge has complained to me that there is any kind of pressure on him. Now that the complaint has come, we have taken up the matter.

The Supreme Court gave an indication to form a full court and said that at that time only seven judges were available in Islamabad, so a seven-member larger bench was formed. Next time we will make a full court after consultation with the judges and their availability.

Hearing adjourned till April 29

A seven-member larger bench headed by the Chief Justice of Pakistan heard the case, the bench includes Justice Mansoor Ali Shah, Yahya Khan Afridi, Jamal Khan Mandukhel, Justice Athar Manullah, Justice Musrat Hilali, Justice Naeem Akhtar Afghan.

If there is an attack on the independence of the judiciary, we will defend it: Chief Justice

The Chief Justice has said that ‘if there is any attack on the independence of the judiciary, we will all come to defend it, we will not tolerate any kind of pressure.’

On Wednesday, the Chief Justice said at the beginning of the hearing that ‘I follow the principle that first point the finger at yourself and then at others. Take notice, such lawyers should leave the practice. Nowadays, petitions are filed later and published in the newspaper first. This is also a way of putting pressure. We don’t know if we are bringing back the days of Goebbels. On the same day as the letter arrived, there was a meeting with the High Court Judges, perhaps someone has worked more quickly than him.

How to start a hearing? Chief Justice

The Chief Justice said that how to start the hearing, first read the press release. The Chief Justice directed the Attorney General to read the press release issued after the full court.

Attorney General told the court that ‘when told to the Prime Minister that you want to meet, he said that he will meet as soon as possible.’

The Chief Justice said that ‘We held a full court meeting, before that there was no full court meeting for four years, where were the lawyers at that time? They never tolerate interference, if anyone has any other agenda either to become the Chief Justice or to become the President of the Supreme Court Bar, the Prime Minister met the Attorney General administratively, did not meet secretly or sitting at home. , the Prime Minister has more votes so he is the head of the administration.’

The Chief Justice asked the President of the Supreme Court Bar that ‘can the Supreme Court itself declare a mass X responsible for interference? How will we investigate? We will have to get an inquiry from someone.’

President Supreme Court Bar told the court that that is why the Supreme Court Bar was in favor of the commission of inquiry, no one else even suggested any alternative way.

Justice Athar Minullah raised the question that ‘the blame is on the executive, will the executive investigate? A better suggestion than going into this matter has been given by Justice Mansoor Ali Shah, the constitution is being made unworkable, we cannot close our eyes, are human rights not being violated today? How can this impression be given that nothing is happening today?’

Justice Mansoor Ali Shah said that ‘Supreme Court has taken suo motu, now something has to be done, the judges should tell their Chief Justice and if he does not do something, he should also do something.’

Justice Jamal Mandukhel said that ‘learn from what happened in the past but make a plan for the future, this letter of the judges should be considered as a golden opportunity for the independence of the judiciary.’

There was unnecessary criticism on social media on the formation of the commission: Attorney General

The Attorney General said that the names of former Chief Justice Nasir-ul-Mulk and Justice Tasadeq Hussain Jilani were suggested by the Supreme Court. . Under the Commission of Inquiry Act, 2017, the powers of the commission are very high, it can take contempt of court proceedings, the impression was created on the media that the federal government is trying to create a commission of its own, wrong about the commission of inquiry on social media. Talks were done.’

The Chief Justice remarked that ‘When the inquiry commission was formed, personal attacks were made on Mr. Jilani Sahib, Tasadaq Jilani was not doing it for money, what was said on social media does not happen in a civilized society, Mr. Jilani was unnecessarily criticized. I was ashamed to hear what was said about Jilani on social media, after which he apologized. Who can do any service in such an environment. If a gentleman is attacked, he will leave, he will say. Take care, there were such accusations that we were ashamed to nominate him, I don’t know, we have decided to destroy this nation.’

The Attorney General read out the resignation letter of Tasadeq Hussain Jilani from the commission. The Chief Justice said that ‘I alone did not appoint Tasadeq Hussain Jilani, I suggested his name after consulting my fellow judges. is wrong.’

The Chief Justice declared social media as an epidemic and said that ‘judges can be pressured by fellow judges, families, children and friends. Nowadays, there is a new epidemic, social media and media also have pressure.’

The Federation shall provide all forms of support to the independence of the Judiciary: Attorney General

The Attorney General said that a monitoring judge was appointed from this court, a person named Mirza Iftikhar Ahmed threatened to kill you, the wife of the Chief Justice went to file an FIR, but nothing happened. reached the Supreme Court and implemented, we have to compare how the government used to react to Supreme Court cases, anti-law monitoring judges were appointed, what happened between 2017 and 2021 is in front of everyone. Yes, I want to remind you that all this has been happening here, the judges will give the necessary help to the federal government to resolve the issue, we will provide all kinds of support for the independence of the judiciary, on the one hand If there is a matter of independence of the judiciary, on the other hand, there is also a matter of the credibility of the administration.

It is true that political engineering has been taking place: Justice Athar Manullah

Justice Athar Manullah said that ‘it is true that political engineering was going on and maybe this court was also involved, the letter of the judges is telling that this process continues even today.’

Justice Jamal Khan Mandukhel remarked that ‘Attorney General, a reference was filed about which the then prime minister admitted that it was a mistake, what should be done about it?

The Chief Justice said that ‘mistakes have been happening before, they are still happening, but we have shown our accountability.’

Justice Athar Manullah, talking to the Attorney General, said that you talked about the Mirza Iftikhar case, since when has your government taken this case to its logical conclusion, everyone talks, nobody wants to do it. If your government had taken this case to its logical end, you would have spoken. We cannot close our eyes and give the impression that we do not know anything.’

Justice Naeem Akhtar Afghan told the Attorney General that ‘your government is violating the court decisions by resorting to MPO.’

What else happened at the hearing?

Lahore Bar lawyer Hamid Ali Khan lawyer said that ‘We have filed an application to be a party in this case.’

On this, the Chief Justice said that the days are gone when the Chief Justice does what he wants. We have formed a committee to fix the cases. Who knows the law better than you? If the application comes, the Administrative Committee decides on it, after the Practice and Procedure Act, the Chief Justice alone cannot take any decision. I cannot take you as a representative of the lawyers, the President of the Bar is there as a representative of the lawyers.’

The Chief Justice also stopped Aitzaz Ahsan’s lawyer Ahmed Hussain from speaking.

At the end of the hearing, Chief Justice Faiz Isa addressed the Attorney General and said, ‘You are saying that it did not happen, but we order you to stop interfering in judicial affairs.’