IHC judges write to SJC against “interference” in judicial matters

IHC judges write to SJC against “interference” in judicial matters

Islamabad: At least six serving judges from the Islamabad High Court (IHC) collectively wrote to the Supreme Judicial Council (SJC), urging for a judicial conference to address concerns regarding the “interference of intelligence agencies with judicial functions”.

The letter, signed by Justice Mohsin Akhtar Kiyani, Justice Tariq Mehmood Jahangiri, Justice Baqir Sattar, Justice Sardar Ejaz Ishaq Khan, Justice Arbab Muhammad Tahir, and Justice Salman Rafat Imtiaz, follows the Supreme Court's ruling on March 22 concerning the dismissal case of Shaukat Aziz Siddiqui.

In their communication, the IHC judges seek clarity from the SJC regarding a judge's obligation to report and respond to actions by members of the executive, including intelligence agency operatives, that obstruct the discharge of official duties and constitute intimidation.

The judges reference the Supreme Court's judgment on Shaukat Aziz Siddiqui's removal, highlighting his allegations of interference by the Inter-Services Intelligence (ISI), particularly Major General Faiz Hameed, in the constitution of benches at IHC and proceedings of the Accountability Court Islamabad.

The letter underscores the Supreme Court's acknowledgment that the SJC's proceedings against Justice Siddiqui did not consider the veracity of his allegations, deeming them irrelevant. Additionally, it notes the SJC's view that Justice Siddiqui failed to substantiate his claims independently.

They suggest that such institutional dialogue could aid the Supreme Court in safeguarding judicial independence, establishing mechanisms to hold accountable those undermining it, and clarifying the actions judges should take when faced with interference or intimidation by executive members.

Expressing concern over the absence of guidance in the SJC's code of conduct for judges regarding incidents akin to intimidation and interference with judicial independence, the IHC judges call for an inquiry into whether there is an ongoing executive policy to interfere in judicial affairs.