ISLAMABAD: Over 300 lawyers from various bar associations across the country urged Pakistan’s top court on Sunday to take notice of alleged coercion of the judiciary by the nation’s intelligence agency, run by the powerful military, warning that a government-led commission would be bereft of powers to conduct a transparent and independent inquiry.
Six judges of Pakistan’s Islamabad High Court last week accused the Inter-Services Intelligence agency (ISI) of intimidating and coercing them over “politically consequential” cases in a letter addressed to the Supreme Judicial Council.
The judges provided various examples of alleged interference, including a case concerning Pakistan’s imprisoned former prime minister Imran Khan. The judges also mentioned incidents where their relatives were abducted and tortured and their homes were secretly surveilled, aiming to coerce them into delivering favorable judgments in specific cases.
Following the development, Prime Minister Shehbaz Sharif met Chief Justice Qazi Faez Isa on Thursday to discuss the crisis. The government announced on Saturday that an inquiry commission led by former chief justice Tassaduq Hussain Jillani would probe the matter.
In a letter signed by prominent lawyers Imaan Zainab Mazari-Hazir, Zainab Janjua, Abdul Moiz Jaferii, Salman Akram Raja, Taimur Malik and ex-chief justice Jillani’s son, Saqib Jillani, over 300 lawyers urged the top court to take notice of the matter under Pakistan’s Article 184 (3).
“We further call upon the Supreme Court of Pakistan to take cognizance of the matter in its jurisdiction under Article 184(3) of the Constitution as this issue eminently relates to public interest and to the enforcement of fundamental rights,” a copy of the letter seen by Arab News states.
Article 184(3) of Pakistan’s constitution defines the top court’s jurisdiction and empowers it to assume jurisdiction in matters involving “public importance” when it comes to enforcing the citizens’ fundamental rights.
The letter urged the Supreme Court to constitute a bench comprising all judges to hear the matter and for the proceedings to be telecast live.
It noted a “glaringly obvious conflict of interest” in the formation of the government-led commission, considering that the spy agency, an executive arm of the state itself, has been accused of coercion.
The letter pointed out that the commission is required to conduct the inquiry and perform its functions according to the Terms of Reference (TORs) which would be notified by the government.
It further noted that the time frame within which the inquiry is to be concluded and whether or not the commission’s report would be allowed to be made public is also “within the control of the Federal Government.”
“In view of such powers conferred upon the Federal Government, the Inquiry Commission, would be bereft of necessary independence and powers to conduct a transparent, impartial and meaningful inquiry to restore the public confidence in the independence of judiciary,” the letter said.
It said that any inquiry under the government’s purview would violate the very principles such an inquiry aims to uphold and protect.
“We note that any such Inquiry Commission and its proceedings would be entirely wanting in credibility,” the letter said.
Pakistan’s powerful military has directly ruled the nation for roughly half of its 76-year history and continues to wield substantial power behind the scenes.
The military, however, denies allegations it interferes in political matters. It has so far refrained from commenting on the judges’ allegations.
