The Sindh High Court (SHC) has expressed the view that allegations of intelligence agencies’ interference in the judiciary, as raised by six judges of the Islamabad High Court (IHC), warrant investigation.
Judges of the SHC stated that given the seriousness of the interference highlighted by the IHC judges, it demands scrutiny and an institutional response. However, any investigation must adhere to legal principles, ensuring the independence and separation of the judiciary from the executive. This proposal was submitted by the SHC in response to the Supreme Court’s directive, which sought recommendations from all high courts to address the concerns raised by IHC judges and formulate a consensus-based institutional response.
The SHC’s proposal was finalized during a meeting of the court’s administration committee, chaired by SHC Chief Justice Aqeel Ahmed Abbasi, with the participation of other judges. The Balochistan High Court also submitted its response.
During the meeting, the judges noted that apart from isolated instances of contempt of court, no criminal or civil proceedings have been initiated against individuals or groups who have defamed judges via social media or attempted to influence judicial functions. The proposal emphasized the need to prosecute such individuals under relevant laws.
The SHC judges unanimously agreed that the dignity and integrity of judges, who hold the same rights as other citizens, must be safeguarded. They proposed legal actions against those making false allegations or attempting to interfere with judicial work, citing provisions of the Pakistan Penal Code, cyber laws, and contempt of court regulations.
Furthermore, the proposal recommended strict protocols for communication with judges, with all official correspondence directed to the Registrar of the Superior Courts. It also suggested measures to preserve the authenticity of personal information for individuals corresponding with judges.
In matters concerning national interest or security, the proposal advocated for formal written requests through proper channels, with approval from the respective chief justice before granting access to judges. Additionally, it proposed that monitoring judges within their districts should address any misconduct or complaints received from judicial officers.
The SHC judges emphasized the importance of protecting the independence and integrity of the judiciary, urging judges, judicial officers, and court staff to uphold these principles. They called for refraining from public discussions on sub-judice matters and maintaining discretion regarding judges’ personal affairs.
Separately, the Balochistan High Court committee regretted that the grievances of IHC judges were not addressed internally and underscored the need for high courts to resolve such issues independently. They highlighted the detrimental impact on public trust in the judiciary and recommended judicial action against interference in judicial functions.
May 3, 2024
Source: The Friday Times