Over to a full court?

A larger bench’s suo motu proceedings to probe into the alleged interference of the executive in judicial affairs saw a change of heart as a full court is likely to look into it on a day-to-day basis after Eid holiday. This intent on the part of Chief Justice Qazi Faez Isa saved the day in the context of judicial assertiveness, and squarely sent down the message that no attack on judiciary’s independence would be tolerated. Wednesday’s debate live-streamed on national hook-up, nonetheless, was wayward as the top judge dominated the discourse by dilating in detail as to how speaking through the media by the legal fraternity is influencing ground realities, and what ailed the smooth sailing of the one-member inquiry commission formed with the apex court’s concurrence.

It was, however, consoling to note that the Attorney General underscored the need for thoroughly investigating the ordeal and complaints of six IHC judges. He rightly noted that an inquiry commission had “great powers”, including initiating contempt proceedings, and is the way to go. In a superb pace of argument, the AGP pointed out that “if there is anything that can be done through the code of conduct [under SJC] or by guidelines to the high courts”, the CJP is all powerful to do it in all solemnity. This submission has probably laid the groundwork for forming a high-powered commission, and that too in the backdrop of full court proceedings in days and weeks to come.

Justice Athar Minallah and Justice Jamal Mandokhail, however, stole the show as they put their foot down against any effort to brush aside the IHC letter issue. Justice Athar observed that there are impediments to the functioning of free judiciary, and remarked, “…it is true that political engineering has been taking place and perhaps, this court was also involved in it.” Likewise, Justice Mandokhail said it’s time to ensure that the “interference stops here and does not happen in the future”. A concurrent nod from the CJP was the ultimate comfort of the day, as a full court is now likely to look into it in all seriousness and merit it deserves.

Published in The Express Tribune, April 4^th, 2024.

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