Islamabad & Karachi – The petitions, filed by senior advocate Salahuddin Ahmed, urged the Supreme Court to direct the federal government to devise appropriate mechanisms for effective scrutiny and supervision of the functioning of intelligence agencies to ensure that they do not transgress their legal domain and are properly regulated. through the required legislation.
Other members of the court include Justices Syed Mansoor Ali Shah, Jamal Khan Mandokhail, Athar Minallah, Musarrat Hilali & Naeem Akhtar Afghan. Judge Yahya Afridi has already recused himself from his position & will no longer participate.Islamabad & Karachi
Islamabad & Karachi:
The Supreme Court has already rejected a set of 10 petitions and requests seeking its intervention in response to allegations of “interference by intelligence agencies in judicial matters,” which were highlighted following a March 25 letter sent by six justices of the Court. Islamabad High School (IHC).
The petition filed by KBA also asked the Supreme Court to direct the high courts to frame appropriate rules & guidelines on the administrative side detailing how any complaint by judges or staff of the high courts & subordinate courts of external interference in judicial functions or related to the courts should be reported & how it should be remedied.
Now, the new petitions asked the Supreme Court to declare that granting the prerogative of constituting tribunals and marking cases to the unilateral and unstructured discretion of the chief justices of the high courts impairs both the external and internal independence of the judiciary and violates the articles 10-A. 175, 192 & 202 of the Constitution.
The petition also urges the apex court to issue directions, after consultation with all judges of the Supreme Court, IHC, or any other high court, regarding the mandatory duties of high court judges to inform and have mechanisms for submission of reports in cases where the executive, including its agents, seeks to interfere, pressure intimidate the judges of the high court or any of the judges of the subordinate judiciary under the supervision of the respective high courts and an institutional response mechanism in such matters.Islamabad & Karachi
The petition urged the Supreme Court to declare any interference by the executive in the affairs of judicial functions illegal and unconstitutional and against the independence of the judiciary.Islamabad & Karachi
The petition also sought an order for the higher courts to sit en banc and determine whether any judges in those courts have similar complaints. After verifying such information, the high courts must issue orders or directions to safeguard the independence of the judiciary, protect it from future encroachments & initiate appropriate proceedings against any responsible officer or person.
The petition highlighted that it was high time that the observations and guidelines made by the Supreme Court in the Asghar Khan and Faizabad sit-in cases regarding the supervision and regulation of intelligence agencies were implemented in letter and spirit.
He said intelligence agencies cannot continue to operate in what virtually amounts to a legal vacuum & gives them unchecked powers without any effective executive or legislative oversight or accountability. The petition filed by the IBA asked the Supreme Court to declare that the rules and orders of the respective high courts must be periodically re-evaluated by the full bench of the respective high court so that all judges can perform their duties by Article 194 of the Constitution.Islamabad & Karachi