The Supreme Court (SC) has taken proactive action by initiating suo motu proceedings on Monday in response to a letter penned by six Islamabad High Court (IHC) judges highlighting concerns about intelligence agencies’ interference in judicial functions. A hearing has been scheduled for Wednesday at 11:30 AM in the Islamabad principal registry, where all available judges will convene to address the petition.
A seven-judge larger bench, chaired by Chief Justice of Pakistan (CJP) Qazi Faez Isa and comprising Justice Syed Mansoor Ali Shah, Justice Yahya Afridi, Justice Jamal Khan Mandokhel, Justice Athar Minallah, Justice Musarrat Hilali, and Justice Naeem Akhtar Afghan, will preside over the case. CJP Isa, as the committee chairman, proposed taking suo motu notice, with Justice Syed Mansoor Ali Shah and Justice Munib Akhtar supporting his suggestion.
Jillani distances himself from CommissionÂ
Former CJP Tassaduq Hussain Jillani, who was initially appointed to lead a one-man inquiry commission, recused himself from the role on Monday. In a letter addressed to PM Shehbaz, Jillani expressed gratitude for the confidence placed in him but cited constitutional concerns regarding the jurisdiction of the Supreme Judicial Council (SJC) and Article 209, which empowers the SJC to conduct inquiries into judges’ capacity and conduct.
Jillani highlighted that the IHC judges’ letter, the approved Terms of Reference (ToRs), and Article 209 all intersected with the constitutional framework, suggesting that the matter may fall under the purview of the SJC or the Supreme Court itself. He emphasized the need for an institutional consultation and suggested that CJP Isa, as the head of the judiciary, could address and resolve the raised issues at the institutional level. Consequently, Jillani stepped aside from leading the commission.
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The genesis of this legal saga traces back to March 27 when six IHC judges expressed concerns about intelligence agencies’ interference in court affairs. Subsequent meetings between CJP Isa, PM Shehbaz, and the federal cabinet led to the decision to form an inquiry commission, with finalized TORs discussed and approved during a cabinet meeting on March 30. These developments underscore the judiciary’s commitment to addressing judicial independence and the integrity of legal processes.