Punjab judiciary seeks end to executive control

ISLAMABAD:

 

 Judiciary in Punjab has proposed to end the role of executive in the appointment and transfer of special courts judges in order to end judicial manipulation.

"There always remain more chances of interference in the ATC [anti-terrorism court], NAB [accountability] and anticorruption courts where sensitive matters are decided.

“Therefore the high courts should be empowered to directly make transfers and postings of the judges of said courts without approval/interference of the federal government.

“The relevant provisions of law in this respect be directed to be announced immediately," proposed the Lahore High Court (LHC) in its reply submitted in the Supreme Court which is hearing a suo motu case regarding alleged meddling by intelligence agencies in Islamabad’s district and high courts.

The district judiciary of Punjab had made a similar proposal, noting that special courts are more prone to interference by the executive and its agencies as appointment and transfer of judges in such courts are made by the executive.

“It is proposed that the high court should directly assume the power of posting and transfer of these judges to avoid such interference," said a reply submitted by the Punjab district judiciary.

The proposals and suggestions have been made by all 36 district & sessions judges in the Punjab in view of the Supreme Court’s April 3 order.

The district judiciary has also suggested that the practice of obtaining feedback from security agencies and placing extensive reliance thereon while considering the cases of promotion of the judicial officers and elevation to the high court has really emboldened the agencies in trying to approach the judicial officers. This practice needs reconsideration.

It is also suggested that the protection of judges and their families should be ensured at every cast.
The district judiciary has proposed that frivolous complaints against judges should be discouraged and there must be zero tolerance against intervention of local bars in judicial matter.

Everyone including stakeholder of bar association and lawyers should be prohibited from visiting chambers of any judicial officer.

“A judicial officer must lead a reserved social life and refrain from using social media platforms like Facebook, WhatsApp and Instagram etc.

"There should be a diametric ban of the entry of any executive and intelligence agencies in the court premises.

“In this regard no secret or departmental information undermining independence of judiciary be rendered to the executive or intelligence agencies.”

It said certain reports are taken from intelligence agencies which lay the judiciary out in the open to interact with judicial officers which needs to be halted and bottlenecked to shun any impression of being influenced in the times to come.

"Intelligence agencies should be monitored by a body comprising internal, executive, parliamentary and judicial functionaries to have a strict check on the activities of its operatives.

“The body so designated should be independent, neutral and free from political influence to handle complaints and grievances related to intelligence services to provide effective remedies," the district judiciary added.

Senior politician Fawad Chaudhry who is himself facing alleged politically motivated cases said the process of appointment of special courts’ judges is against three Supreme Court decisions.

“It violates the principle of separation of powers. The special courts of NAB, anti-corruption, the Federal Investigation Agency (FIA) and ATC are being misused by the government.”

He said it is ridiculous that the government itself is filing cases in the special courts whose judges also are appointed by it.

Chaudhry said it has become a norm to appoint judges of bad reputation as special court judges.
Abdul Moiz Jafferii Advocate said the fundamental component of any judicial process is independence. It is what makes a court.

He said the Supreme Court has opined that administrative tribunals where the executive picks the members are not courts at all. That is why military courts are not courts.

Jafferii states that the executive can make a special court and ask the high court to nominate a member of the district judiciary to preside over it.

“But if the executive can pick a judge to head that special court without the high court of the province involved, that fails the test of judicial independence and is in my view deficient of due process and fair trial,” he added.

The Balochistan High Court (BHC) has also submitted its proposals to the Supreme Court, stating that judges must not be left vulnerable to the likes and dislikes of certain state agencies.