PTI wants full court minus CJ in letter case

Expresses dissatisfaction with Justice Qazi Faez Isa's conduct


Our Correspondent May 01, 2024
Pakistan Tehreek-e-Insaf (PTI)

ISLAMABAD:

The PTI has expressed dissatisfaction with Chief Justice of Pakistan (CJP) Qazi Faez Isa's conduct during the Supreme Court’s suo motu proceedings on alleged interference by intelligence agencies in the judiciary. The former ruling party has demanded the formation of a full court, excluding the CJP, to hear the matter on a daily basis.

During a press conference held on Wednesday, PTI Central Information Secretary Raoof Hasan criticized the Supreme Court's handling of the case. He spoke alongside Gilgit-Baltistan's former chief minister Khalid Khurshid and PTI Core Committee member Advocate Abuzar Salman Niazi.

Read: SC schedules nine other pleas in IHC letter case
 

Hasan said meddling in judicial affairs is a grave concern, but a "spectacle" was created in the court by the CJP on Tuesday. He urged that the case be heard by a full court of existing judges, sans the CJP, to ensure fairness and adherence to the Constitution.

On March 25, six of the eight judges of the Islamabad High Court (IHC) wrote a letter to the Supreme Judicial Council (SJC) chairman, Justice Isa, highlighting the country’s spy agencies' alleged tactics to coerce judges of the capital’s lower and high courts.

The letters stirred controversy with the federal government forming an inquiry commission to investigate the claims. However, the SC later announced taking suo motu notice of the letter after a former CJP declined to head the commission. A six-member larger bench led by CJP Isa is currently hearing the case.

PTI’s Hasan referred to the IHC judge’s letter and noted that initially, the CJP, instead of addressing the case, forwarded it to the executive branch, requesting Prime Minister Shehbaz Sharif to form a commission to investigate the matter.

Hasan pointed out the conflict of interest in the situation, stating that the prime minister, being head of the executive, was actually a party in the case. The PTI leader said the problem of meddling could not be resolved without taking punitive actions against those responsible for interference.

He noted that the judiciary, except for the CJP, stood united in its condemnation of the meddling. Hasan criticized the chief justice for dismissing the concerns raised by the IHC judges and other high courts, indicating that the CJP was operating in opposition to the rest of the judiciary.

Read: SC slams pushing judiciary on one’s whims
 

At the last hearing of the case on Tuesday, CJP Isa noted that judges were actually facing interference from within the judiciary and not from intelligence agencies. He had noted that if a judge cannot deliver a correct judgment in accordance with the law and the Constitution amid interference, then he should go home.

Abuzar Niazi said judicial independence is crucial to the Constitution, arguing that its compromise would affect individual rights. Niazi criticized the delay in hearing PTI's petitions, suggesting it was a tactic to avoid addressing key issues. He said the Peshawar High Court (PHC) judges had received threats from non-state actors from neighboring countries, further complicating the situation.

Khalid Khurshid noted that certain judges had received life threats from non-state actors, while others faced harassment from intelligence agencies. He mentioned the alleged disparity in the judiciary’s treatment of PTI founder Imran Khan and PML-N supreme leader Nawaz Sharif, implying a double standard and injustice in the legal system.

The PTI leaders also discussed other issues, including the Labor Day initiatives and the use of force against peaceful protesters, highlighting broader concerns about governance and the rule of law.

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