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‘ATTACK OF ANY KIND’ ON JUDICIARY’S INDEPENDENCE WON’T BE TOLERATED: CJP Thursday, 4 April, 2024 I 24 Ramazan, 1445
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Hints at possibility of convening a full court for hearing suo motu case on daily basis ISLAMABAD
Staff RepoRt
HIEF Justice of Pakistan (CJP) Qazi Faez Isa on Wednesday declared that an “attack of any kind” on the judiciary’s independence would not be tolerated. Supreme Court CJP Qazi Faez Isa observed while heading a seven-member bench hearing a suo motu case about allegations made by six Islamabad High Court (IHC) judges regarding interference by the country’s security apparatus in the judicial affairs A seven-member bench — comprising Chief Justice of Pakistan (CJP) Qazi Faez Isa and justices – Syed Mansoor Ali Shah, Yahya Afridi, Jamal Khan Mandokhail, Athar Minallah, Musarrat Hilali and Naeem Akhtar Afghan — is presiding over the hearing. The proceedings are being live-streamed on the SC’s website and its YouTube channel. During hearing, Attorney General for Pakistan Mansoor Usman Awan appeared before the SC along with Hamid Khan, who represented former premier Imran Khan while Ahmed Hussain appeared as Aitzaz’s lawyer. The CJP emphasized that any encroachments on judicial autonomy would be firmly resisted, indicating the possibility of convening a full court for a suo motu case on alleged intrusions into judicial proceedings. Justice Isa added that only seven judges were available in Islamabad today, the rest are either in Lahore or Karachi. “We may have a full court on the next hearing”, he said while concluding the hearing. At the outset of the hearing, Hamid informed
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AGP appears before court while Hamid Khan represents Imran and Ahmed Hussain for Aitzaz
the court that he had requested to be made a respondent in the case. At this, CJP Isa remarked, “Gone are the days when it was the chief justice’s will. We have constituted a committee to fix cases [for hearing].” He noted that the court had not received Hamid’s petition, adding that the committee would decide on the matter once the plea was received. The CJP further said it was “inappropriate” that petitions were reported in the media before they were even filed. “When we talk about pressure being exerted, is this also exerting pressure on us in a way?” he wondered, adding that he never gave in to anyone’s pressure. Last week, it emerged that six Is-
lamabad High Court (IHC) judges — out of a total strength of eight — wrote a startling letter to the Supreme Judicial Council (SJC) members, regarding attempts to pressure judges through the abduction and torture of their relatives as well as secret surveillance inside their homes. The letter was signed by judges Mohsin Akhtar Kayani, Tariq Mehmood Jahangiri, Babar Sattar, Sardar Ejaz Ishaq Khan, Arbab Muhammad Tahir and Saman Rafat Imtiaz. A day later, calls emerged from various quarters for a probe into the investigation, amid which CJP Isa summoned a full court meeting of the SC judges. On Thursday, Prime Minister Shehbaz Sharif met CJP Isa, where the two decided to form an
inquiry commission, which was later approved by the federal cabinet. However, lawyers and civil society members — in a joint letter — had urged the top 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”. On Monday, ex-CJP Tassaduq Hussain Jillani — tasked to head the one-man inquiry commission — recused himself from the role, urging Justice Isa to “resolve the issues raised in the letter at the institutional level”.
ISLAMABAD
a team from the Counter-Terrorism Department (CTD) reached the LHC premises and beeped up the security on the court premises. ‘RAWALPINDI GPO STAMP ON LETTERS’ During the hearing of a petition concerning the cypher case, a senior police official informed the IHC Chief Justice Aamer Farooq that the letters received by the IHC judges had been submitted for forensic examination and a report was expected within three to four days. When the court inquired about origin of the letters, the police official said “the stamp is not discernible” and added judges of LHC and SC have also received the letters from the
same sender today. The court then asked if all the letters were posted from the same postal office. The CTD SSP then informed that it “appears” the letters have the stamp of the Rawalpindi post office. He clarified that they were not posted from the GPO but rather deposited in the GPO letter box. A day earlier, on April 2, eight judges, including Chief Justice Aamer Farooq of the Islamabad High Court (IHC) received letters containing an unknown powder, suspected to be laced with anthrax.
Day after IHC, SC-LHC judges also receive letters laced with ‘toxic chemical’ Staff RepoRt
Day after Islamabad High Court’s judges received ‘threatening letters,’ four judges of the Supreme Court (SC) and as many judges of the Lahore High Court (LHC) also received “power-laced-threatening-letters”, said confirmed Deputy Inspector General (DIG) Operations Shahzad Bukhari on Wednesday. Earlier in the day, the Islamabad Police DIG appeared in the Islamabad High Court (IHC) and informed the court that the letters were sent to the senior judges of the LHC. He added that a team of law enforcers, including
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PM Sharif emphasises need for world-class talent pool in Pakistan g
Forms committee to enhance Pakistan's work pass framework and talent support policy ISLAMABAD agencieS
President Zardari, COAS Munir discuss challenges to national security, development ISLAMABAD
Staff RepoRt
In a significant meeting held at the presidency in Islamabad on Wednesday, President Asif Ali Zardari and Chief of Army Staff (COAS) General Syed Asim Munir discussed critical issues facing Pakistan, ranging from national security to development initiatives. The meeting underscored the unity between the civilian government and the military in addressing challenges and advancing the nation’s interests. A key focus of the meeting was President Zardari’s expression of grave concern over baseless and unsubstantiated allegations leveled by “a specific political party” and its few individuals against the armed forces and its leadership, according to a statement issued by the presidency. Zardari, without naming Imran Khan’s Pakistan Tehreek-e-Insaf (PTI), emphasised the importance of dealing with such disruptive elements with ‘iron hands’, indicating a resolve to safeguard the integrity and reputation of the armed forces. During the discussion, Gen Munir briefed President Zardari on the ongoing army operations against terrorism and highlighted the army’s operational readiness against conventional threats.
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Prime Minister Muhammad Shehbaz Sharif stressed the need for a worldclass talent pool in Pakistan due to its importance in making a difference in the success of the nation. Chairing a high-level meeting here on Wednesday, he said, “Businesses want to invest in places where the talent is; where the politics and policies are stable, and where the system works.” The meeting was aimed at ways to create a more capable workforce that was able to deliver the government’s policy program effectively and also was founded on the principles of impartiality and recruitment on merit, PM Office Media Wing said in a press release Premier Shehbaz Sharif constituted a committee under the chairmanship of the finance minister to seek and firm up propositions in the policy to enhance and clarify the work pass framework currently in vogue in ministries to better support Pakistan’s need for talent with the directions to submit its findings at the earliest. The prime minister said, “Pakistan must build a world-class talent pool because this is an age where talent
makes all the difference to a nation’s success.” The meeting noted a dearth of technical input at policy making levels and emphasized its need, which is imperative if the civil service is to develop new skills, improve its management of big projects and adapt to the demands of a digital age. The participants of the meeting highlighted the barriers to appoint people from outside such as long timescales, processes that prevented a
proper search for the best candidates and pay inflexibility that made it all difficult to attract the best talent, particularly in areas of skills shortages. Minister for Finance and Revenue Federal Minister Muhammad Aurangzeb, Dr. Musadiq Malik, Ahad Cheema, Attaullah Tarar, Sardar Awais Leghari, Deputy Chairman Planning Commission Muhammad Jehanzeb, Minister of State Shaza Fatima and high-level officials attended the meeting.
‘Reserved Seats’: PHC serves contempt notices to KP speaker, deputy speaker PESHAWAR
Staff RepoRt
The Peshawar High Court (PHC) on Wednesday issued contempt of court notices to the Khyber Pakhtunkhwa (KP) Assembly speaker and deputy speaker for “not administering the oath to lawmakers elected on women and minorities reserved seats.” A twomember PHC bench, comprising Justice SM Atiq Shah and Justice Syed Arshad Ali, heard the contempt petition against KP Assembly Speaker Babar Saleem Swati and Deputy Speaker Ms Suriya Bibi. The PHC bench issued the notice to the respondents and sought their response at the next hearing. During the hearing, the petitioner took the stance that the speaker and deputy did not administer oath to the elected members on reserved seats despite court order. The petitioner contended that the speaker and the deputy speaker had violated the court orders, demanding contempt proceedings against them. Earlier on Tuesday, the Election Commission of Pakistan (ECP) postponed the Senate elections in KP, citing delay in the administration of oath to the members on reserved seats. KP Election Commissioner Shamshad Khan arrived at the assembly premises and requested a list of sworn-in MPAs from the assembly staff. Simultaneously, the opposition lodged a petition with the ECP, urging the postponement of Senate elections in the province. Despite the stage being set and the election staff prepared, the K-P Senate polls failed to kick off at the promised hour of 9 am.
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PHC top judge raises concern over ‘bias’ in elevation of judges to SC PESHAWAR
Staff RepoRt
In a letter to Chief Justice of Pakistan (CJP) Qazi Faez Isa on Wednesday, Peshawar High Court Chief Justice Muhammad Ibrahim Khan expressed concern over non-consideration for the elevation of judges to the Supreme Court from Khyber-Pakhtunkhwa province. “I hope this letter finds you in good health and high spirits. I am writing to your Lordship with a heavy heart and a sense of disillusionment in relation to prima facie arbitrariness, discrimination and favouritism in the appointment of judges in the Supreme Court of Pakistan. It is with utmost respect for your esteemed position and the principles of fairness and meritocracy that our judicial system purports to uphold, that I bring this matter to your attention,” Justice Ibrahim wrote. He said that there were four vacancies in the Supreme Court but only one vacancy was filled by appointing his brother Honourable Judge Justice Naeem Akhtar Afghan of Balochistan High Court the then Chief Justice Balochistan High Court. “It was a profound disappointment when I learnt that only one judge and that too from your own province, was appointed in the Supreme Court despite the fact that there were four vacancies. I am genuinely happy
for my brother Mr Justice Naeem Akhtar Afghan but why my candidacy was not considered notwithstanding my seniority, eligibility and availability of vacancies in the Supreme Court,” he added. Justice Ibrahim said that he is the second senior most chief justice among the chief justices of all high courts in Pakistan. “I am also a member of the Judicial Commission of Pakistan (JCP) and Supreme Judicial Council of Pakistan. I had legitimate expectation that my candidature would be at least included in the list for consideration to be appointed as a Judge of the Supreme Court of Pakistan. Had I not been found fit to be appointed as Judge of Supreme Court after due process by the Judicial Commission of Pakistan, I would have happily accepted the JCP’s decision,” he added. He expressed the belief that considering the substantial backlog, the CJP might feel inclined or even obligated to promptly fill the vacancies, particularly given the sentiment among the countrymen that they are being deprived of swift justice. “The taxpayers, who pay for our salaries, expect that vacancies are filled immediately so that the court may operate at full strength and dispense justice. There is a duty to act diligently. This decision of solitary appointment has left me perplexed and seeking genuine answers. I have been thinking about
possible reasons for not filling the vacancies but no logical and persuasive reason could come to mind,” he added. Justice Ibrahim mentioned that he had been faithfully serving for 31 years, characterised by steadfast commitment, dedication, and numerous contributions that, in his opinion, not only benefited the community but also upheld the highest standards of the judicial system. “Throughout my service, I have endeavoured to embody the virtues of integrity, impartiality, and a steadfast commitment to justice, principles I believed
would naturally pave the way for recognition and career advancement based on merit. I have been deciding high-profile cases amidst peculiar law and order situation and political turmoil in our motherland wherein my commitment to uphold the rule of law and supremacy of constitution has been unshakable and unyielding,” the top judge wrote. “My dedication to serve the masses and uproot injustice in each and every form, whatsoever, has been a source of personal pride and a testament to my commitment to the values, we hold dear in our profession. Similarly, it is yet a distinction that, while referring to my 31 years’ judicial career wherein, I can safely hold my integrity before Almighty Allah that I have only performed to the best of my conscious, within the legal premise and without any fear or favour.” Chief Justice PHC expressed his “surprise and deep concern” over the decision to not even consider his candidacy for elevation, particularly in light of his dedication, performance, and contributions to the judiciary. “I appreciate that decisions of appointing judges in the superior courts are complex and multifaceted, involving considerations that may not always be apparent to all. Nevertheless, in the spirit of transparency, the norms of fairness, and the continued trust in our judicial system, I take the
honour to question as to what prompted the solitary elevation of my brother Justice Naeem Akhtar Afghan when three vacancies were and are still vacant where as none other was considered,” he said. Justice Ibrahim said that it is also mindboggling that presently, there are three honourable judges in the Supreme Court of Pakistan from Balochistan whereas from the Khyber-Pakhtunkhwa, there are only two. “Therefore, while comparing the two provinces on any analogy whatsoever, desirably there would be one more vacancy for the province of Khyber-Pakhtunkhwa. It seems that allocation of seats of Hon’ble Judges in Supreme Court is out of proportion giving rise to a genuine discontentment in provinces especially Khyber-Pakhtunkhwa which, in size as well as in terms of portfolio of cases, has enormously swelled after merger of the erstwhile FATA.” “Unfortunately, I lack the personal connections that often play a role in such elevations. This lack of advocacy or lobbying on my behalf should not be a deterrent to recognising the merit and the commitment that I have demonstrated towards upholding justice. And it is with this faith that I am constrained by my conscience to pen down the facts before your lordship, the Hon’ble Judges and my Supreme Institution before I lay off the robes.