IHC judges' letter: Justice Yahya Afridi recuses himself from suo moto bench

ISLAMABAD: Supreme Court (SC) of Pakistan’s Justice Yahya Afridi recused himself from the seven-member larger bench constituted to hear a suo motu case regarding the allegations of interference by intelligence agencies in judicial functions.

In his note, Justice Yayha Afridi said that the apex court should refrain from proceeding the case on a judicial level.

The six judges of the Islamabad High Court (IHC) have mentioned setting the code of conduct, he said, adding that proceeding a case of administrative matter on a judicial level will give a negative impression.

He advised the Supreme Court against taking up the case under Article 184(3) of the Constitution.

The top court judge went on to say that the high courts of the country serve administrative duties and provide safety to courts under the Constitution.

According to Justice Yahya Afridi, the IHC chief justice and judges had administrative powers they did not use in the matter.

It is pertinent to mention that Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa on April 1 took suo moto notice of IHC judges’ letter in which they alleged interference by intelligence agencies in judicial matters.

IHC top judges – including Justice Mohsin Akhtar Kiyani, Justice Tariq Mehmood Jahangiri, Justice Baqir Sattar, Justice Sardar Ejaz Ishaq Khan, Justice Arbab Muhammad Tahir, and Justice Salman Rafat Imtiaz – penned the letter to SJC in the aftermath of Supreme Court’s March 22 judgement on Shaukat Aziz Siddiqui’s dismissal case.

In the letter, the top judges sought guidance from the Supreme Judicial Council (SJC) with regard to the duty of a “judge to report and respond to actions on part of members of the executive, including operatives of intelligence agencies, that seek to interfere with discharge of his/her official functions and qualify as intimidation”.

In the maiden hearing on the suo moto case on April 3, CJP Qazi Faez Isa hinted at the formation of a full court on the next hearing of suo motu notice taken on the IHC judges’ allegations.

At the outset of the hearing, CJP Isa directed the attorney general to present the press release issued after the full court meeting.