A Pakistani high court chief justice on Friday claimed that he received written and verbal complaints about interference in the judiciary by a “few institutions” of the country, in an oblique reference to the powerful spy agencies.
Lahore High Court (LHC) Chief Justice Malik Shahzad Ahmad, while addressing a local bar association event in Rawalpindi, said it was a misfortune that the interference in judicial affairs began from the Moulvi Tamizuddin case and was still ongoing. The judge was referring to the famous 1955 case when the top court ruled in favour of the then governor-general by rejecting a petition of the speaker of the Moulvi Tamizuddin against the dissolution of the then Constituent Assembly by the governor-general.
“We receive letters, complaints and oral complaints that interference is being done in the judiciary in which a few institutions — naming them is not appropriate — are involved,” the chief justice said.
But he expressed confidence that the interference would soon come to an end. “I have full faith that this interference of the establishment in the judiciary will come to its end very soon,” Justice Ahmad asserted.
The chief justice explained that he was making the claims because it was “part of my faith but also includes my experience” that such interference finally ends. He also said that he was glad that the judiciary was “fulfilling its responsibilities without any fear or greed” and referred to a recent claim of a sessions judge of an Anti-Terrorism Court (ATC) in Sargodha about interference by the Inter-Services Intelligence (ISI), Pakistan’s intelligence agency. He said that the ATC judge in his complaint declared that he was not afraid of any of the incidents he allegedly faced.
“I am ready for any sacrifice that I might have to make but I would not do injustice to anyone,” he quoted the ATC judge as saying.
Further explaining the issue of alleged interference in judicial matters, he said: “We have received other such complaints as well. Many complaints are not in written [form] as they say evidence would be demanded, which would be difficult to provide.”
The chief justice also urged his subordinate judges to work with passion and honesty without caring about the hurdles.
“Temporary worries do come but you have to face them eye to eye and not be a target of any of their blackmailing. Do not be hesitant to make any kind of sacrifice,” he said.
To support his argument, he gave the example of former Supreme Court chief justice Iftikhar Mohammad Chaudhry who stood up against the late military ruler Gen. Pervez Musharraf and refused to resign on his order.
The LHC chief justice said that Pakistan was currently going through one of the longest periods of a civil government and one of the reasons was the struggle by the judges and lawyers in 2007 to restore the judges sacked by Musharraf.
“To get rid of the establishment’s interference, we have to face it with bravery, courage and without any fear, and with the belief that this interference, God-willing, will end soon,” he said.
The chief justice in his address refused to name any particular institution but it is generally understood that intelligence agencies were allegedly interfering in judicial affairs.
The issues came up on Wednesday, when Justice Ahmad summoned Punjab Inspector General of Police (IGP) Usman Anwar and other officials on a complaint by a presiding judge of a Sargodha ATC, Muhammad Abbas, alleging harassment by the intelligence and law enforcement agencies.
In March, six Islamabad High Court judges wrote a letter to the Supreme Court chief justice about alleged pressure by intelligence agencies.
