ISLAMABAD: As the Supreme Court of Pakistan (SCP) resumed the hearing on a suo motu case related to a letter written by six judges of the Islamabad High Court alleging interference in judicial affairs by the country’s intelligence agencies, Chief Justice of Pakistan Qazi Faez Isa remarked that a judge who puts up with interference without taking any action should stay home.
The hearing was presided over by a six-member larger bench led by CJP Qazi Faez Isa, and comprising Justice Mansoor Ali Shah, Justice Musarrat Hilali, Justice Athar Minallah, Justice Jamal Mandokhail and Justice Naeem Akhtar Afghan.
During the proceedings, the Supreme Court Bar Association submitted its proposals on the subject, emphasising that the SCBA would never compromise on the independence of judiciary.
It suggested that investigation be conducted against those meddling in judicial affiars, underscoring the need for a comprehensive code of conduct outlining the responsibilities and protection of judges.
The SCBA proposals noted that the Islamabad High Court had the power of contempt of court and should take action against any interference, observing that the failure to act by the high court was perplexing.
The SCBA also noted that the judges of the Islamabad High Court had referenced events from the past year in their letter.
The SCBA noted with concern the leaking of the judges’ letter to the media, stating that any judge with a complaint should inform their chief justice, and if the chief justice of the relevant court did not take action, then the Supreme Judicial Council (SJC) should be notified.
Attorney General for Pakistan (AGP) Masnoor Usman Awan requested time to submit a response.
Later, he stated that he had not yet received a copy of the previous order and needed to discuss the case with the prime minister.
At this, the CJP remarked that the order still needed three signatures on it. At this juncture, a copy of the order was given to the judges in the courtroom for signing.
When Justice Mansoor Ali Shah asked the AGP if he needed time, he replied that he needed until tomorrow (Wednesday).
The CJP, then, asked who would present arguments today.
Lawyers from the Islamabad High Court Bar Association (IHCBA) stated that they would present arguments.
At this juncture, Khwaja Ahmed Hussain appeared in court on behalf of Aitzaz Ahsan. But, CJP Isa insisted the court first hear out the lawyers’ organisations.
Appearing before the bench, Hamid Khan, who represented the Lahore High Court Bar Association, the Balochistan High Court Bar Association and the Balochistan Bar Council, requested an hour for presenting his arguments.
A disagreement arose between the president and the additional secretary of the Supreme Court Bar over the roster. The president, Shahzad Shaukat, demanded half an hour for evidence, while the additional secretary, Shahbaz Khosa, stated they had submitted a separate application in their personal capacity.
The chief justice remarked that a signed copy of the order should be provided to the attorney general.
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