2024-05-01 17:34:27
(Amant Gushkuri) In the Supreme Court hearing on the spontaneous notice regarding the judges’ letter, the Chief Justice remarked that a reference was brought against me after the Faizabad sit-in decision, wrote that General Faiz Hameed was behind the reference, including social media. Judiciary is being attacked from other forums, those who criticize the judiciary have nothing to do with the independence of the judiciary. The judge who comes under pressure with an apology resigns and goes home. Justice Naeem Akhtar Afghan said that IB, According to which law ISI and MI should be formed, the parties should submit their opinions by May 6, all the parties should also give written submissions. Adjourned till May 7.
In the Supreme Court, a 6-member bench headed by the Chief Justice of Pakistan Qazi Faiz Isa heard the spontaneous notice case related to the letter of 6 judges. During the hearing of the case, the Chief Justice said in his remarks that Justice Yahya Afridi asked the bench. Decided to separate, the judiciary is being attacked from other forums including social media, those who criticize the judiciary have nothing to do with the independence of the judiciary.
The Chief Justice has said that he is not responsible for the past, but he is responsible for the actions of the Supreme Court since he took oath. The Supreme Court had failed in its responsibility. Thanks to the Parliament for saving the Supreme Court. made the practice and procedure law and made the work of the Supreme Court. When an inquiry commission was formed on the judges’ letter, baseless allegations were made against the former chief justice, the head of the commission was forced to leave the headship, there should be no doubt that the judiciary will allow any fire to come on the freedom of
The Chief Justice has remarked that there should be no attacks on the Judiciary from inside or outside. If there are any suggestions, bring them forward, now the issue is how to proceed in this case, we should not interfere in the work of the High Court, the past. The results of interference in the work of the High Courts have not been good, there is a lot of division in the country, the Attorney General read out the recommendations of the Islamabad High Court, the committee decided that all available judges will hear the case, Justice Yahya Afridi in the case. Apologize for sitting and give reasons.
Attorney General Sir, these are not suggestions, but charge sheets: Justice Athar Minullah
In the previous hearing, I had said that the full court may hear the case, two judges were not available, the full court could not be formed due to the non-availability of two judges, there will be no compromise on the independence of the judiciary, no matter what happens, the independence of the judiciary will be ensured. Justice Athar Minullah has remarked that Attorney General sir, these suggestions are not charge sheets, every high court has presented a charge sheet, are the suggestions of Islamabad High Court unanimous? Yes, they seem to be unanimous. The judge did not disagree.
Justice Mansoor Ali Shah has remarked that today is a golden opportunity to end the pressure and interference on the judiciary forever, the High Court could have taken action but did not, the Supreme Court clarifies the procedure on this matter, then the judiciary will be strong.
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The Chief Justice remarked that this whole matter is related to the independence of the judiciary, Justice Mansoor Ali Shah said that a wall of fire has to be erected in front of the interference in the judiciary, we have to sit down and solve this problem, Justice Jamal Mandukhel remarked. What about what is happening to us, let alone the judges of the High Court? Justice Athar Minullah said that speaking the truth is a very difficult task in our country, here the personal matters of judges are also targeted, the data of judges is stolen, campaigns are conducted against the families of judges.
What is happening today has to be stopped: Justice Mansoor Ali Shah
Justice Mansoor Ali Shah remarked that what is happening in today’s era has to be stopped, no one can use their mobile phone freely, sometimes they are told not to sit in this place, sometimes judges are stopped from using mobile phones. What is happening if a person cannot speak freely?
Justice Athar Minullah has remarked that we were criticized in 2018, but we never said anything about it. It is not right if judges’ data is leaked. Telling a judge that your child studies here can only be done by the executive. Yes, Justice Jamal Khan Mandukhel said that 2 members of the bench were targeted, not one judge but 10 judges, Justice Mansoor Ali Shah said that if this issue is not resolved today, there will be a lot of loss. Suggestions are made why High Courts do not act themselves.
Justice Mansoor Ali Shah remarked that whether the problems are internal or external, today is an opportunity to solve them, the High Courts had all the powers, they also had the power of contempt of court, a system has to be created and every court of the country has to be strengthened, The letter has been written, it has shown great courage, the judiciary of Balochistan has not sent a reply on this issue, Justice Athar Minullah said that pressure is put on the judges, by putting pressure on the judiciary, arbitrary decisions are taken, against Justice Babar Sattar for a few days. What is happening in Pakistan is not good, it is said that the judiciary has met with the establishment of Pakistan. Chief Justice, I know how much interference there is, mostly from the Supreme Court. They have no right to sit on the judge’s chair, Justice Athar Manullah said that I was the Chief Justice of Islamabad High Court and there was never any interference. No, even while listening to the phone, there is a fear that the tape is not being recorded. You have to find a safe place to talk on the phone. The Chief Justice said that I was also told not to talk on the phone and it will be recorded. My point should be recorded, it is good to reach it, the Attorney General told the court that the judges of the Islamabad High Court have sent various suggestions, among the suggestions of the High Court is that officials of the agencies should not be allowed to enter the court.
Agencies are under the Executive, Parliament does not need to legislate in this regard: Justice Athar Manullah
Justice Athar Manullah has remarked that the agencies are subordinate to the executive, the parliament does not need to legislate in this regard, the prime minister can issue orders to his subordinate agencies, we should also maintain the image of the Pakistan Army, our army Protecting our borders, maintaining the image of the forces is also very important for us, Pakistan forces and other law enforcement agencies have made sacrifices, protection of law enforcement agencies is also connected with fundamental rights.
Chief Justice Qazi Faiz Isa remarked that the bureaucracy also receives calls and some people work, some bureaucrats do not work on the phone and those who do not are made OSD. Justice Athar Manullah said that pressure never It will not happen even if the judiciary does not open its doors, Justice Mansoor Ali Shah said that there should be a case of misconduct against those who open the doors, not all judges are as courageous as the Chief Justice of Pakistan, some judges are like me.
Justice Athar Manullah said in his remarks that when a judge speaks the truth, a defamation campaign is launched against him.
The Attorney General replied that many former judges are also involved in the Shaukat Aziz Siddiqui case, Justice Athar Manullah said that whoever is involved, if the former Chief Justice is also involved, action should be taken against them. are also filed.
Justice Naeem Akhtar Afghan’s dialogue with the Attorney General
The Chief Justice of Pakistan remarked that references against judges come to us, we have a mechanism, we should not present such a bad image. Justice Naeem Akhtar Afghan remarked that there are three agencies in the country, IB, ISI. And MI will be formed under which law, we will be told the law of these agencies in the next hearing, let us be told under which law these agencies work.
The Chief Justice said that read the note of Justice Yahya Afridi, it is not a simple note, Justice Mansoor Ali Shah said that it is his point of view which is respected, the High Courts are saying that we are looking at the Supreme Court, do something Chief Justice. He said that all the High Courts keep saying no, the Supreme Court should not interfere in the High Courts.
Chief Justice Qazi Faiz Isa has said that the proposals of the High Courts are also related to the Supreme Judicial Council, the Supreme Judicial Council is a separate independent body, the Supreme Judicial Council can also take action against us, there are five members in the Judicial Council, not the Chief Justice alone. However, the proposals that are under the jurisdiction of the Judicial Council cannot be seen by the Supreme Court. Justice Jamal Mandukhel said that Justice Babar Sattar was being defamed if he only complained a little. I don’t understand why people become parties. Unfortunately, every person in the country has chosen his own party. Justice Athar Minullah remarked that the judges’ letter should be answered by the relevant agencies including the government. Justice Mansoor Ali Shah said that the agencies should give affidavits that they Chief Justice said that if someone asks me, then I will say that there was interference, we have to look at the future, we get the answer from the government.
Judges adjourned the hearing of the case by letter to May 7
The Attorney General replied that the judges give written responses to the letter, the Chief Justice then said that the people who have filed the petitions should decide on it themselves, it will be difficult for all the parties to listen, all the parties should give written submissions. We are not stopping anyone from speaking, but it will not be possible to listen to all the parties. If there is someone in this court who does not want the independence of the judiciary, let him know. All of us sitting in the courtroom want the independence of the judiciary. The Attorney General said that it has been confirmed that the misconduct of the judges was not discussed in the press conference. The Chief Justice then remarked that Pakistan Bar Council and the Supreme Court ask for suggestions from the Bar. So can give.
Justice Athar Manullah said that the Judges Committee will look into the matter of forming a full court. The Chief Justice remarked that we ourselves wanted a full court but some judges did not come. Speaking to Chief Justice Aitzaz Ahsan, the Supreme Court asked the parties to submit their opinions by May 6. The Supreme Court Bar Association will submit suggestions before the next hearing.
Lawyer Lahore High Court Bar Hamid Khan said that the Supreme Court should constitute a full court, Aitzaz Ahsan said that I have no objection to this 6-member larger bench, the Chief Justice of Pakistan said that the hearing was adjourned till May 7 at 11:30. The hearing of the letter case was adjourned till May 7.
2024-05-01 17:34:27