KARACHI/ISLAMABAD: Chief Justice of Pakistan (CJP) Mian Saqib Nisar on Sunday expressed surprise over the speech of an Islamabad High Court judge and said, “none can dare to put pressure on judiciary”.

“Chief Justice of Pakistan Justice Mian Saqib Nisar has taken serious notice of a speech delivered by Justice Shaukat Aziz Siddiqui, the IHC judge, at Rawalpindi Bar Association alleging interference of intelligence agencies of the country in judicial matters. The CJP has called for complete record of the speech from Pemra,” said an official spokesman for the Supreme Court in Islamabad.

CJP Nisar, who was heading a three-judge special bench hearing various cases at Supreme Court’s Karachi registry, observed that there was no pressure on the judiciary and they were working in accordance with the law and the Constitution.

Reacting to reports that the CJP had taken notice of his speech, Justice Siddiqui wrote a letter to the CJP seeking constitution of an “independent commission” to probe the “authenticity and truthfulness of presented facts”.

Expressing concern over Justice Siddiqui’s speech, the CJP said he would look into the matter to find out the truth and action would be taken in accordance with the law.

Action comes after ISPR requests SC to ascertain charges and take action accordingly

He said that being the chief justice he assured the nation that judiciary was not under pressure and the judges were performing their duty under the law and Article 4 of the Constitution.

The IHC judge in his letter on Sunday also called for open proceedings of the commission, besides seeking an explanation as to what action would be taken against those persons “who are involved in manipulating the judicial system”.

Earlier in the day, Inter-Services Public Relations (ISPR) Director General Maj Gen Asif Ghafoor through his official account on Twitter urged the CJP to take notice of Justice Siddiqui’s speech.

“An honourable judge of the IHC has levelled serious allegations against state institutions, including honourable judiciary and the premier state intelligence agency,” the ISPR chief tweeted.

“In order to safeguard the sanctity and credibility of the state institutions, Honourable Supreme Court of Pakistan has been requested to initiate appropriate process to ascertain the veracity of the allegations and take actions accordingly,” he said.

Justice Siddiqui, who remains in the news due to his controversial remarks and observations, had in his speech alleged that the ISI was “manipulating judicial proceedings as its officials manage to constitute benches at its will and mark cases to selected judges”.

However, Justice Siddiqui offered no evidence to support his claims.

“The ISI approached the chief justice of the IHC and told him that they don’t want release of Nawaz Sharif and his daughter before elections,” he had said.

An accountability court in Islamabad had on July 6 convicted ousted prime minister Sharif, his daughter Maryam Nawaz and son-in-law retired Capt Mohammad Safdar in the Avenfield properties reference and sentenced them to 10 years, seven years and one year in prison, respectively.

Justice Siddiqui had said he knew “how messages have been conveyed to the Supreme Court, I know where the record of proceedings of the accountability court was dispatched every day and why the statutory provision allowing the IHC to exercise administrative control of the accountability court was ceased. This was to stop the IHC judges to monitor the trial proceedings”.

The Supreme Court had on July 28, 2017 disqualified Mr Sharif from holding public office and directed the National Accountability Bureau to file three references against him and his children in the accountability court. The apex court had also appointed Justice Ijazul Ahsan as the supervisory judge to monitor the trial proceedings.

Justice Siddiqui had even claimed that the ISI men offered him that they would not only manage to quash a reference pending against him in the Supreme Judicial Council (SJC), but also ensure his elevation as chief justice of the IHC even in September, instead of November when Chief Justice Mohammad Anwar Khan Kasi was going to retire.

Justice Siddiqui is facing two references before the SJC — one for spending an excessive amount on maintenance of his official residence beyond entitlement and the other for passing ‘derogatory’ remarks against the armed forces.

A large number of lawyers had attended Saturday’s event — where Justice Siddiqui had made the speech — and raised slogans in his support and for independence of the judiciary.

“If an independent commission holds that there was no reality in the facts presented in the meeting of District Bar Association Rawalpindi, I am ready to face the consequences but at the same time I have a right to inquire that if my presented facts proved correct what would be the fate of those persons, be they serving army personnel who are involved in manipulating the judicial system,” wrote Justice Siddiqui.

He requested the CJP to appoint any serving or retired judge of the Supreme Court, who has not taken the oath under the Provisional Constitution Order, as head of the commission.

“I further request your lordship that after the constitution of commission, issue directions for proceedings in open where lawyers fraternity, media and civil society be permitted to attend the proceedings and report the same.

“I performed my professional duties and judicial functions with utmost honesty and without fear or favour as required by the oath of office. It is a matter of concern the independence of my institution has been compromised by the intervention of few individuals of the prestigious institution of army and its allied agencies. On different occasions, I pointed out this intervention as a result of which I am facing a reference along with another fabricated reference,” he said.

Justice Siddiqui informed the CJP during his address to the Rawalpindi bar, “I presented certain prevailing facts, relevant to the applicability of Constitution, rule of law, independence of bar and bench and dispensation of justice. It appeared that facts divulged by me did not please some corners, therefore, false and malicious campaign was launched on social and electronic media.

“I came to know through social media and press release of PRO of the Supreme Court that your lordship also expressed instant announcement without verification of facts presented by me. It is noted that such outbursts of anger from your lordship against me are not new and unusual.”

Published in Dawn, July 23rd, 2018