Senior lawyer Chaudhry Aitzaz Ahsan and the Lahore High Court Bar Association (LHCBA) moved the Supreme Court (SC) seeking an investigation into the allegations of spy agencies’ interference in judicial proceedings.
Ahsan urged the apex court to establish a three-member commission comprising sitting judges of the SC “to determine the officers and operatives of the ISI or other persons, if any, are or were involved in such unlawful acts and to report its finding to this [Supreme]Court”.
Last week, six judges of the IHC – Justices Mohsin Akhtar Kayani, Tariq Mehmood Jahangiri, Babar Sattar, Sardar Ejaz Ishaq Khan, Arbab Muhammad Tahir and Saman Rafat Imtiaz – penned a letter to the Supreme Judicial Council (SJC), expressing their concerns about the “interference” of the intelligence agencies in the affairs of the court.
He sought directives for the federal government to dismiss individuals implicated in “unlawful acts”, with no entitlement to retirement or other benefits from the national treasury. For those who have already retired, it specified the cessation of any retirement or associated benefits.
Ahsan urged the federal government to enact necessary regulations to fulfil the clauses of the petition.
His petition referred to Article 184(3) of the Constitution to question the matter of public importance in the six IHC judges letter case.
“Without prejudice to the provisions of Article 199, the Supreme Court shall if it considers that a question of public importance concerning the enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part II is involved, have the power to make an order of the nature mentioned in the said Article,” the petition read.
Aitzaz pleaded to the federal government to ensure that the prime minister, the chief of army staff (COAS), and the director general of the ISI issue an immediate written directive to all personnel under their authority, instructing them to disregard any orders, whether verbal or written, that seek to interfere with ongoing judicial proceedings or influence judges.
