Won’t tolerate executive interference in judiciary, says CJP Isa
Chief Justice of Pakistan Qazi Faez Isa said on Thursday that executive interference would not be tolerated in the affairs of judiciary, two days after six out of eight Islamabad High Court judges raised the matter in a letter to the Supreme Judicial Council.
“Interference by the executive in the affairs and judicial workings of judges will not be tolerated and under no circumstances can independence of the judiciary be allowed to be compromised,” CJP Isa was quoted as saying in a statement issued by the Supreme Court.
He said this during a meeting with PM Shehbaz Sharif in Islamabad on Thursday. The premier was accompanied by Law Minister Azam Nazeer Tarar and AGP Mansoor Awan. Puisne SC judge Justice Mansoor Ali Shah was also in the meeting.
The CJP and the senior puisne judge said that “independence of the judiciary is a foundational pillar that upholds the rule of law and a strong democracy.”
The statement was issued after a second full court meeting earlier today after a meeting with PM Shehbaz.
It mentioned that the CJP received a letter dated March 25 from six – out of eight – judges of the Islamabad High Court on March 26. In the 12-page letter, the judges demanded that a judicial convention be summoned over the alleged interference of intelligence agencies in the judiciary.
The six judges who signed the letter are Justice Mohsin Akhtar Kiyani, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, Justice Arbab Muhammad Tahir, and Justice Rafat Imtiaz.
The concerns of all the judges were heard individually in a meeting called by CJP Isa. The meeting lasted for over two and a half hours.
On Wednesday, the CJP met with the attorney general for Pakistan and the law minister. Later, the CJP along with a senior puisne Judge met with the Supreme Court Bar Association president and the senior most member of the Pakistan Bar Council in Islamabad.
A full court Meeting of all the judges of the Supreme Court was called under the chairmanship of the CJP at 4pm on the same day. The full court deliberated over the issues raised in the letter. “A consensus was developed amongst the majority of the members of the full court that in view of the gravity of the situation, the CJP may hold a meeting with the prime minister on the issues raised in the said letter and the meeting was adjourned.”
During the meeting with premier, a proposal was made to constitute an inquiry commission under the Pakistan Commissions of Inquiry Act, 2017 which should be headed by a retired judge of “impeccable integrity” to inquire into the matter.
The PM stated that a meeting of the federal cabinet would be called to seek their approval for the constitution of the said commission. PM Shehbaz “fully endorsed” the views expressed by the CJP and senior puisne judge and further assured them that he “will be taking other appropriate measures to ensure an independent judiciary, including issuance of directions to the relevant departments, and initiating legislation in accordance with paragraph 53 of Suo Moto No. 7/2017 (the Faizabad Dharna judgment).”
In continuation of the last meeting, the CJP again called a full court meeting and briefed the judges on what had transpired at the meeting with the PM.
Inquiry commission
Earlier in the day, the federal government announced that a commission of inquiry would probe the allegations levelled by six Islamabad High Court judges.
An impartial retired judge would lead the one-member commission, Law Minister Azam Nazir Tarar told a press conference on Thursday.
He said the notification on the formation of the inquiry commission will be issued within two or four days after deciding its TORs (Terms of Reference) at a cabinet meeting.
In response to a question, Tarar said he strongly believed the commission should also investigate the allegation that court verdicts against PML-N in 2017-2018 were the result of interference in the judiciary.
PTI rejects commission
The PTI’s Core Committee “completely rejected” on Thursday the government’s decision to form a retired judge-led inquiry commission to probe the matter raised by the six judges.
In a statement, the party expressed concerns over the meeting of Prime Minister Shehbaz Sharif and Chief Justice of Pakistan Qazi Faez Isa on the “most sensitive matter” related to the judiciary and the legal interest.
The PTI, which now has a large number of lawyers, demanded the matter be placed before the Supreme Court’s larger bench and an open hearing be conducted.
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