SOME clearly thought that senior judges would prove just as easily ‘manageable’ as our seasoned politicians usually are. They must have received a shock this Monday when almost the entire Islamabad High Court formally decided to take a stand and push back against what many of its judges describe as repeated interference and meddling in their court and the cases before them.

A day later, the public learnt that six of the IHC’s eight sitting judges had forwarded a complaint to the chief justice of Pakistan to seek the Supreme Judicial Council’s guidance on what judges ought to do when they are subjected to blackmail, harassment and coercion by “members of the executive, including operatives of intelligence agencies”. The judges made it clear that they expected some action from the judiciary to reclaim its independence and improve their institution’s deteriorating image in the eyes of the public.

The judges who co-signed the letter framed their demand for a judicial convention to look into the matter by referencing a recent judgement from the Supreme Court, in which it reinstated former IHC judge Shaukat Aziz Siddiqui’s status as a duly retired judge. It may be recalled that retired justice Siddiqui had been unceremoniously ejected from the judiciary in October 2018 over a complaint he had made regarding interference by Pakistan’s apex intelligence agency in cases tied to the PML-N chief, Nawaz Sharif.

It appears that because the SC endorsed retired justice Siddiqui’s position, the judges of the IHC also want it to consider what serving judges are being forced to endure and, at the least, issue an advisory on what judges are supposed to do when faced with such situations. The ball is now in Chief Justice Qazi Faez Isa’s court, and, as head of the judiciary, he will feel pressure to take action.

A judge’s bedroom was reportedly spied on with a concealed camera; another’s relative was picked up and tortured into giving a statement against them. Two judges felt pressured to reconsider their position on the maintainability of a high-profile case because intelligence operatives began harassing their friends and family. A district and sessions judge reported that a ‘cracker’ was thrown into their home in a bid to intimidate them. When out-of-favour politicians complain about the threats, intimidation and even torture they face, they are often tuned out; however, six sitting judges detailing brazen abuses of power are quite difficult to ignore.

Though he seems to have been aware of these issues for almost a year, Justice Isa must now pay heed to them and address them to the satisfaction of his subordinate judges. The die was cast the moment this letter appeared in the public domain; all eyes are on the SJC to see how it proceeds.

Published in Dawn, March 28th, 2024