BHC Judges Recommend Legal Action Over Agencies Interference Into Judicial Matters

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BHC judges recommend legal action over agencies interference into judicial matters

The judges of the Balochistan High Court ask Chief Justice of Pakistan (CJP) Qazi Faez Isa to investigate the matter of the agencies’ interference into the judicial matters.

ISLAMABAD: (UrduPoint/UrduPoint / Pakistan Point News-April 30th, 2024) The Balochistan High Court (BHC) recommended legal action against individuals involved in telephone tapping or video recording of judges and their families.

The BHC judges submitted these recommendations before the Supreme Court during hearing of a case related to the allegations of Islamabad High Court (IHC) judges regarding 'interference' by security agencies in judicial affairs.

“The CJP should investigate the matter,” recommended the BHC judges, suggesting that the complainant judge should provide a sworn statement, and once submitted, should not be subjected to cross-examination.

The judges also recommended initiating contempt of court proceedings against agencies found to interfere or blackmail district or other judges.

Furthermore, the judges advised that the chief justice, session judges or others collect CCTV footage of any intervention. They suggested that session judges report such incidents to the high court, which should then form a five-judge bench to address the matter.

“If high court judge reports interference, it should be brought to the chief justice's attention,” said the judges, emphasizing that judges should not face repercussions for lodging complaints.

In their recommendations, judges from the Peshawar High Court (PHC) proposed prohibiting the entry of intelligence agency representatives and keeping complaints confidential.

They urged the judiciary to engage with other branches of the state to establish a mechanism.

Additionally, they advised judges to avoid meeting with agencies or their representatives and to refrain from using social media platforms such as WhatsApp, Instagram, or Facebook.

Chief Justice Qazi Faez Isa remarked during the hearing that there are limits to what recommendations can achieve.

A SC six-member bench led by CJP Qazi Faez Isa including Justice Syed Mansoor Ali Shah, Justice Jamal Khan Mandokhail, Justice Athar Minallah, Justice Musarrat Hilali and Justice Naeem Akhtar Afghan heard the case.

Chief Justice of Pakistan took suo motu notice on April 1 of the IHC judges' letter, which alleged interference by intelligence agencies in judicial matters.

The letter was written by six IHC judges following the Supreme Court's March 22 ruling on Shaukat Aziz Siddiqui's dismissal case.

In the letter, the judges sought guidance from the Supreme Judicial Council (SJC) on the duty of a judge to report and respond to actions by the executive, including operatives of intelligence agencies, that interfere with the discharge of their official duties and constitute intimidation.