The Islamabad High Court Bar Association (IHCBA) Thursday filed a petition in the Supreme Court (SC) seeking transparent investigation into the letter written by six judges of the Islamabad High Court (IHC) agaisnt the alleged interference in judicial matters by the intelligence agencies.
According to the 24NewsHD TV channel, the bar association has urged the Supreme Court to conduct transparent inquiries into the letter written by the judges and take action against those undermining the judiciary after the investigation.
In the petition, the IHCBA has also appealed to the SC to send the recommendations to the Supreme Judicial Council (SJC) to review the matter of the six judges' letter.
The Bar petition highlighted that the judges have mentioned serious incidents in the letter. It emphasized that an independent judiciary is the cornerstone of the Constitution and the sole means of providing justice. Any compromise on the independence of the judiciary is not acceptable under any circumstances.
Earlier, Pakistan Bar Council (PBC) members including Abid Zuberi have also appealed to the Chief Justice of the Supreme Court to form the full court to hear the suo moto notice of the letter written by six IHC judges complaining of “meddling” by intelligence agencies in judicial matters.
On April 5, 2024, thePBC members have also applied to the Supreme Court to become a party in the suo moto case of the six judges' letter.
In the application, the members have said that the High Court judges should be made a party in the six judges' letter case.
The PBC members have said that the full court comprising all the judges should hear the case and secret agencies should be prevented from interfering in judicial affairs.
The PBC members also appealed in the application that the Judicial Council should be ordered to issue instructions on the reservations of the judges of the IHC.
It is also stated in the application that the independence of the judiciary is related to fundamental rights, and for the independence of the judiciary and the provision of justice, it is necessary to investigate the letters of the judges.
On March 25, six Islamabad High Court judges — out of a total strength of eight — wrote a letter to the Supreme Judicial Council (SJC) members regarding attempts to pressurise judges through abduction and torture of their relatives as well as secret surveillance.
The letter was signed by judges Mohsin Akhtar Kayani, Tariq Mehmood Jahangiri, Babar Sattar, Sardar Ejaz Ishaq Khan, Arbab Muhammad Tahir and Saman Rafat Imtiaz and addressed to the CJP and Justice Mansoor Ali Shah and Justice Munib Akhtar as well as the top judges of the Peshawar High Court and the IHC.
The federal cabinet had approved the constitution of an inquiry commission headed by ex-chief justice of Pakistan Tassaduq Hussain Jillani to probe allegations of interference by intelligence agencies in judicial affairs, the body has been authorised to “recommend action” against anyone from the intelligence agency, department, or government if found guilty. But the nominated commission head Justice Retired Tassaduq Hussain Jillani refused to lead the commission.
Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa took suo motu notice regarding the six judges' letter on last Monday, a day after over 300 lawyers had urged the Supreme Court to take notice of allegations of interference in the judiciary by the intelligence apparatus under Article 184(3) of the Constitution, adding any government-led commission “would be bereft of necessary independence and powers” to probe the claims.
Justice Isa constituted a seven-judge larger bench on the issue of judges’ letter. The other six members of the larger bench are Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Jamal Khan Mandokhel, Justice Athar Minallah, Justice Musarrat Hilali and Justice Naeem Akhtar Afghan.

Reporter: Amanat Gishkori