Justice Yahya Afridi has stepped down from the seven-member bench handling a suo motu case triggered by a letter from Islamabad High Court (IHC) judges, citing complaints of interference in judicial affairs by intelligence agencies.
His decision was outlined in a note accompanying the first hearing’s written order.
Justice Yahya Afridi and suo motu case
Justice Afridi emphasized the need to address the issues raised by the IHC judges within the parameters of the Supreme Judicial Council’s code of conduct.
He cautioned against invoking Article 184/3, citing potential threats to the independence of high courts.
Chief Justice’s Serious Approach
Chief Justice Qazi Faez Isa has expressed the Supreme Court’s unwavering commitment to combatting any interference in judicial affairs, emphasizing the gravity with which the concerns raised by IHC judges are being taken.
The Chief Justice’s stance underscores a firm resolve to uphold judicial independence.
Justice Athar Minallah’s Views on Political Interference
Another member of the bench, Justice Athar Minallah, weighed in on the challenges posed by political interference in cases.
He lauded the IHC judges as “whistleblowers” and stressed their duty to uphold the Constitution.
Also read: Ex-CJP Jilani refuses to head commission formed to probe IHC judges’ letter
Justice Minallah expressed concern over the repercussions faced by judges who speak out against interference, highlighting the complexities of the issue.
Notices Issued to Stakeholders
The bench has issued notices to key parties including the Attorney General for Pakistan, the Pakistan Bar Council, and the Supreme Court Bar.
These notices seek suggestions on how the judiciary should collectively respond to the matter as an institution.
This proactive approach indicates a concerted effort to address the issue comprehensively.
Response to Inquiry Commission Formation
The formation of an inquiry commission led by former Chief Justice Tassaduq Hussain Jilani faced challenges, including a social media campaign against Justice Jilani.
Concerns were also raised about the limitations imposed by Article 248 regarding the summoning of certain officials.
