Six of the eight judges that make up the Islamabad High Court submitted a shocking letter to the Supreme Judicial Council (SJC) on Tuesday, complaining about attempts to intimidate justices by kidnapping and torturing their relatives and by secretly spying on them in their homes.
A full court conference of the Supreme Court's judges was called by Chief Justice of Pakistan (CJP) Qazi Faez Isa in response to calls that surfaced from several directions the following day for an investigation into the investigation.
Following the cabinet's consent, CJP Isa and Prime Minister Shehbaz Sharif decided to establish a commission to look into the allegations of meddling in judicial matters.
The selection of former CJP Jillani as the chairman of the panel was confirmed by the federal cabinet, according to the Terms of Reference (TORs) for the probe committee that were made public today.
The TORs state that the panel would thoroughly look into the IHC judges' claims and decide whether or not they are true. Aside from looking into whether any person was directly involved in judicial interference, it will also recommend taking action against any state institution, department, or agency in light of the information uncovered.
During the investigation, the panel will also be free to look into any other subject if it deems the matter to be significant.
PM Shehbaz reaffirmed his support for the division of constitutional powers and the independence of the judiciary. The cabinet members gave him an update on his meeting with the chief justice, and they said they fully supported the decisions and measures made thus far.
Unacceptable executive interference: CJP
"The CJP clearly stated that interference by the executive in the affairs and judicial workings of judges will not be tolerated and under no circumstances can the independence of the judiciary be compromised," the Supreme Court said in a statement following the meeting on Thursday.
"Adequate measures to ensure an independent judiciary, including issuance of directions to the relevant departments, and initiating legislation in accordance with paragraph 53 of the suo motu in the Faizabad sit-in judgement," the premier had assured the top judge, according to the statement.
Law Minister Azam Nazeer Tarar told reporters after the meeting that while the letter wasn't a sign of an impending constitutional crisis, it was nevertheless "painful and very serious."
The law minister acknowledged that the full court had explored other alternatives, such as starting proceedings under Article 184(3) of the Constitution, but insisted that the commission's investigation was required to prevent a recurrence of the events in the future.
When asked if the judges of the high court would also record their testimony before the commission and be cross-examined during the hearings, the minister sidestepped the topic during his speech.
PTI demands the resignation of SC and IHC justices due to their inaction.
The PTI called for the chief justices of the SC and IHC to quit a day ago due to their perceived “inaction” about the meddling of intelligence agencies in legal matters.
PTI spokesman Raoof Hassan claimed at a press conference that IHC CJ Aamer Farooq and CJP Qazi Faez Isa had "a deaf ear" to the IHC judges' frequent allegations of ISI meddling in the affairs of the judiciary.
Hasan claimed that CJ Farooq was "complicit" in the situation and that "the IHC chief justice didn't take any action to protect judicial independence despite being informed in writing and verbally."
CJ Farooq "supervised" the entire process and "had the biggest role" in the trial of cases against PTI founder Imran Khan and his convictions.
Furthermore, according to Hasan, the letter "indirectly indicted" the CJP by claiming that it was informed of the problem in "multiple meetings."
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