Over 300 lawyers on Sunday urged the Supreme Court (SC) to take notice of allegations of interference in the judiciary by the intelligence apparatus under Article 184(3) of the Constitution, adding that any government-led commission “would be bereft of necessary independence and powers” to probe the claims.
The full statement was also shared on social media platform X by Mazari-Hazir and Janjua. It said that all those who had signed had issued the statement to “express our unwavering commitment and wholehearted support to the principles of rule of law, independence of judiciary and access to justice” in light of the allegations made by the IHC judges.
“We endorse the resolutions passed by the Islamabad High Court Bar Association, the Islamabad Bar Association, the Sindh High Court Bar Association, the Pakistan Bar Council, the Khyber Pakhtunkhwa Bar Council and the Balochistan Bar Council to the extent that they resolve to uphold the principle of independence of judiciary, express solidarity with the six judges of the IHC, commend their courageous action and demand appropriate action to uphold such principles,” it said.
The statement noted that this was not the first time that such allegations had been raised. It said that Justice (retired) Shaukat Aziz Siddiqui had raised “similar allegations and was consequently, unceremoniously removed from office, without following due process”.
Referring to the SC’s recent verdict on the murder trial of former prime minister Zulfikar Ali Bhutto, the statement said that it was an “indictment of the historic role played by the judiciary in Pakistan and it is commendable to the extent of the sober acknowledgement therein that public perception of judicial independence has been prejudiced”.
It further said that the SC’s verdict in Shaukat Aziz’s case vindicated the former judge to the extent of his removal.
“However, neither decision is able to provide justice to the victims. Indeed, acknowledgement of past mistakes is a laudable first step, however it is now high time to move from acknowledgements to concrete measures for course correction in real-time. A failure to act urgently and transparently in the matter may irreparably prejudice the public confidence in the independence of judiciary which is the very fabric which holds the entire constitutional structure together,” the statement said.
“When judges, the last guardians standing between state excesses and the fundamental rights of citizens, are systematically coerced and intimidated, the entire system of justice becomes a sham and loses its credibility. Lawyers seeking justice for litigants before the courts do so with the expectation that they will be heard by neutral, impartial and unbiased arbiters seeking to dispense justice. If judges are not free to dispense justice without fear, then the entire legal system, including lawyers, cease to hold any value,” it said.
It urged the Pakistan Bar Council and all the bar associations to call a convention of lawyers on an “urgent basis” to decide on a collective course of action to strengthen the independence of the judiciary.
The statement also called on the apex court to take cognisance 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”.
The statement said that the matter should be dealt with transparently and in the public eye as “it is the public confidence in the independence of judiciary which needs to be restored”.
“In the interests of transparency and to ensure that the matter may not be politicised, we call upon the Supreme Court of Pakistan to constitute a bench comprising of all available judges to hear the matter and for the proceedings to be telecast live for public consumption,” it said. The statement further said that such proceedings should not be limited in scope and should inquire into the allegations levelled in the IHC letter as well as those levelled by Siddiqui.
The proceedings should also “affix responsibility for any breach by the executive officials (if proven) and hold those responsible to account to secure the independence of the judiciary and to restore public confidence in the institution of judiciary”.
The statement further said that the press release issued by the SC after Wednesday’s full court meeting stated that a consensus was developed that the CJP hold a meeting with the premier, but did not state that a consensus had been developed on constituting an inquiry commission. “We express our deep dissatisfaction and dismay with this course of action which in itself is the very antithesis of the principle of independence of judiciary,” it said.
The statement highlighted that the inquiry commission was required to conduct the probe and perform its functions in accordance with the TORs notified by the federal government. Further, the timeframe of the inquiry and whether or not the report would be made public was also within the control of the 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,” it said.
“Accordingly, any inquiry into the matter undertaken under the purview of the federal government violates the very principles that the inquiry seeks to protect and uphold. We note that any such inquiry commission and its proceedings would be entirely wanting in credibility,” it said. The statement urged the SJC to “lay down guidelines” and for the SC, in coordination with all the high courts, to set up “transparent institutional mechanisms so that any attempt at undermining the independence of judiciary may be reported and dealt with effectively and transparently, so that no one may cast any aspersions on the independence of the judiciary in the future”.
Barrister Malik, one of the signatories who contested the Feb 8 general elections as a PTI-backed independent, said Jillani’s son, Saqib, was “one of the first” to sign the public statement.
“Former CJP Jillani’s son, Saqib, and I literally grew up together. We now strongly disagree with each other on politics but we are in agreement on the need for legal reforms and ensuring true independence of judiciary,” Malik said on X.
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