LHC tells PM to keep spy agencies away from judges

Published June 30, 2024 Updated June 30, 2024 07:14am

• Justice Karim orders IGP to tell police officials not to directly approach judges
• Security measures outside ATCs only after consultation with courts
• ATC judges asked to expedite proceedings in May 9 cases

LAHORE: Amid complaints that officials of intelligence agencies are purportedly interfering in judicial affairs, the Lahore High Court (LHC) on Saturday directed the prime minister to restrict all intelligence agencies, civil or military, from reaching out to the judges of superior or subordinate judiciary.

“Instructions shall go out by the prime minister office to all civil or military agencies, including Intelligence Bureau (IB) as well as Inter-Services Intelli­gence (ISI), regarding strict directions not to approach or contact any judge whether of the superior judiciary or subordinate judiciary or any member of their staff in future,” Justice Shahid Karim said in a written order issued in a matter of harassment allegedly meted to an anti-terrorism court (ATC) judge in Sargodha.

The order reproduced a statement by an additional attorney general that the federal government did not tolerate any interference or approach to judges of either the superior or the subordinate judiciary in the province of Punjab.

However, the judge said, it was imperative to proceed with the matter on certain issues which regularly come before the court and regarding which directions are necessary to be issued in order to protect the independence of judiciary as enshrined in the Constitution.

Justice Karim also directed Punjab’s inspector general of police to instruct all police officials not to directly contact any judge regarding the merits of any pending judicial proceedings before these courts.

The judge said if measures have to be taken regarding the security of the ATCs across Punjab, these measures will only be put in place with the consultation and concurrence of the respective judge and not otherwise.

“In case this direction is violated, the inspector general of police, Punjab, and the chief of the police of that division/district shall be personally responsible and will be proceeded against in contempt of the orders of this court,” the judge maintained in the order.

The judge also directed the judges of the ATCs in Punjab to download a call recording application and record all such calls which they receive and with regard to which the judges have apprehensions that they have been made to influence any judicial proceedings before them.

Justice Karim further directed the ATC judges to decide the cases relating to the May 9 riots expeditiously and on priority.

On a complaint of the law officer about noncooperation in an investigation on the part of the ATC judge and his staff, Justice Karim directed the special judge to cooperate in the investigation. The judge said a senior officer of the police shall make a request and a time shall be assigned in this regard.

The judge ordered that all investigation proceedings shall be video-recorded and their data be maintained by the police and also remitted to the LHC.

Justice Karim appointed senior lawyer Hina Hafeezullah Ishaq as counsel for the petitioner and amicus curiae to assist the court in the proceedings. The judge would resume the hearing on July 8.

The judge directed the law officer to ensure that the prime minister’s instructions in clear words and in writing shall be placed before the court at the next hearing.

Former LHC CJ Malik Shahzad Ahmad Khan had taken suo motu notice on the judge’s complaint filed with the registrar and started proceedings. Following his elevation to the Supreme Court, Justice Karim has been presiding over the case.

Published in Dawn, June 30th, 2024

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