Uphold judicial freedom

This plea is worth a high-powered investigation, and the lords at the Supreme Court must rule over it in all humility


March 28, 2024

Six judges of the Islamabad High Court have blown the whistle on alleged interference in their work, stirring a debate on the independent functioning of the organs of the state. In an unprecedented move, six of the eight IHC judges have sought the intervention of the superior judiciary to probe into what they called interference of the executive in the affairs of the judiciary, and blamed them for coercion and other intimidation tactics. This plea is worth a high-powered investigation, and the lords at the Supreme Court must rule over it in all humility, to uphold not only the independence of judiciary but also the rule of law and fearless prosecution, as is incumbent in any law-ordained civil society.

The 12-page letter to the Supreme Judicial Council chronically lists out the attempts to pressurise the judges over the period of time, and went on to mention abduction and torture of judges’ relatives. It also narrates as to how the aggrieved Brother Judges had tried to seek remedy from their immediate supervisors at various forums, without any fruitful outcome, and regretted that instruments of secret surveillance inside their respective homes were also unearthed. The letter aptly points out that keeping in view the recent decision of the apex court to rehabilitate the service’s perks of ousted IHC judge Shaukat Aziz Siddiqui, the court must also probe into the allegations of interference in his case.

It is, however, a good omen that a full court went into session to discuss the issue, and one hopes some serious retribution will be on the cards. The chorus for justice has widely been backed by the civil society, Bar Councils and lawyers’ fraternity, and must come full circle in an attempt to uphold law and the Constitution. The separation of powers as enshrined in state apparatus is the beauty of representative rule, and should be preserved. Undue interference in any organ of the state is detrimental to its independence and credibility, and must be thwarted. A judicious probe into the letter is necessary for the integrity, authority and free functioning of judicial institutions.

Published in The Express Tribune, March 28th, 2024.

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