Intelligence agency interference of executive in Judiciary affairs
Chief Justice Malik Shahzad Ahmad on Thursday said government authorities have created procedural hurdles and subjected judges and officials to severe intimidation and harassment. The Chief Justice made these comments in a written order in a case of alleged intimidation and harassment of judges of the Sargodha Anti-Terrorism Court by intelligence and law enforcement agencies.
Last week, CJ Ahmad summoned Punjab Inspector General of Police Usman Anwar and others following a complaint. The LHC office received a special report from District Judge Muhammad Abbas on June 7 in which he said that on May 25, his first day of work as a newly appointed judge of the ACT of Sargodha, the following information was brought to him: - Services Intelligence (ISI) had requested to meet him at his office.
Abbas refused to talk to the authorities and claimed that since then, various incidents have occurred, including shooting outside the courtroom and questioning by his family members. CJ Ahmad had postponed his verdict in the case till June 13. The verdict was announced during a hearing today. "e;Itis unfortunate to point out that it is the duty of the state to protect and show respect theorists, button perusal of the special report of the learned Judge ATC Sargodha Additional Judge of the same court,
it is clear to begin with that the state authorities are seriously intimidating and harassing the courts and its staff and creating impediments in the judicial process. "e; Furthermore, thestate authorities are denying the citizens of this country their constitutional right to protection and treatment according to law and preventing them from approaching the said courts. The Punjab Police Chief has not mentioned whether the police have been contacted."e;
ISI officials have verified the ATC judge's allegations and termed the matter "e;highly unsatisfactory"e;. Citing one of the many examples of interference of police and state authorities in the work of judges cited in the order, the LHC Chief Justice said that the Punjab Attorney General has filed 12 applications seeking transfer of cases from the Rawalpindi "e;In the he said transfer applications, it was Pullman ground of the prosecution branch that reference/complaints have been filed against the judge the mentioned court .
Therefore,the cases pending in his court may be transferred to any other court of competent jurisdiction. "e;While arguing the said transfer applications,null the prosecutor General Punjab repeatedly referred to the reference filed against null the mentioned judicial officer, in order to establish that sufficient material was available on the record of said reference to show null the adelaide and business of the mentioned judicial officer .
Therefore, the file of the said reference /complaints summoned from the office . "e;Perusal about interference/ complaint shows that a reply was received from the mentioned judicial officer and his reply, the learned judge.ATC-1,Rawalpindi,pointed out different incidents to establish that, in fact, the intelligence agencies and jail authorities have been trying to hamper the court process in a jail trial on May 9, 2023, case bearing FIR No. 2106/23. "e; Defendants arrested in cases heard in his court did not appear before him and had to report their presence to the prison barracks.
Similarly, defendants on bail were barred from entering the prison premises and had to appear in a corridor outside the prison building. Lawyers hired by defendants for their defence were also barred from entering the prison premises to conduct their cases. "e;In his reply, he further said that even his staff were being humiliated and treated with disgrace by the prison authorities.
He added that the prison authorities had made all efforts to disrupt court proceedings at the behest of intelligence agencies."e; Similar tactics were used by state authorities in this case too, "e;the order said."e; Furthermore,contempt notices have been issued against Sargodha District Police Officer, Deputy Superintendent of Police (DSP), Area Police Officer (TO) of Counter Terrorism Department (CD) and station officials for' malicious and disrespectful conduct'.
They will be required to explain why no action should be taken for' arbitrary and deliberate contempt of court'."e; Itis important to note that though the special report of the Special Judge of Sargodha had made very serious allegations against ISIS Sargodha area, no report was filed in the name of Sargodha...either by the Divisional Head / Commander of ISin Sargodha area...oron behalf of the Federal Defence Minister...before the court, "e;the order said, adding that other respondents besides IP Anwar also did not file their reports.
The order further stated that "e;Initiation of contempt of court proceedings against other accused or parties in the case will be decided on receipt of reports from the aforesaid accused or at a later date, as the case maybe ."e; "e; Further,orders have been issued to involve the DSP and CD of Sargodha in the case. CJ Ahmad also directed the federal home minister and defence minister to coordinate with the Punjab police chief on the matter.
He, himself a Supreme Court judge, adjourned the case till June 27 for null hearing before Justice Shahid Karim. CJ Ahmad also ordered that certified copies of all case reports of alleged interference by various judges be sent to the registrar of the Supreme Court for submission before a bench of judges hearing similar cases of judicial interference.
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