Crucial battle
Crucial battle
Editorial
Editorial

A sense of deep disappointment prevails within the legal fraternity.

This frustration stems from the recent events unfolding within the judiciary, particularly concerning allegations of interference from security services in judicial affairs. Last year’s change of guard at the Supreme Court was seen by many as the dawn of a new era of judicial independence. However, recent revelations have cast a shadow over these hopes. The Islamabad High Court IHC judges’ courageous step in addressing a complaint to the Chief Justice of Pakistan, outlining repeated interference by intelligence operatives in the judiciary’s operations, was a pivotal moment. It exposed attempts to spy on, threaten, and intimidate judges a direct mugging on the foundational principles of judicial independence. Naturally, the legal community expected the Supreme Court to take decisive action in the face of such egregious violations. Legal fraternity must stand united in defending the principles of judicial independence. Only by upholding the rule of law and safeguarding the judiciary’s autonomy can Pakistan truly fulfill its democratic aspirations. It is time for the Supreme Court to assert its authority and demonstrate unwavering commitment to justice, thereby restoring faith in the judicial system. Former Chief Justice Tassaduq Hussain Jillani’s appointment as the head of the inquiry commission is a step in the right direction. However, the commission’s mandate must be clear, and its proceedings must inspire confidence in the legal community and the public at large. It is essential to address the concerns raised by the IHC judges promptly and comprehensively, restoring faith in the judiciary’s integrity. In light of these developments, it is imperative for the Supreme Court to reconsider its approach. The judiciary must reclaim its authority and demonstrate unwavering commitment to judicial independence. The appointment of a retired judge to head the inquiry commission should be reassessed, ensuring that the investigation is conducted transparently and without any external influence. The decision to entrust the investigation to a retired judge raises valid concerns. Can a retired judge effectively cross examine sitting high court justices and potentially influential figures responsible for the alleged misconduct? Moreover, with members of the current government possibly implicated in the interference, can the inquiry truly be impartial? These questions underscore the gravity of the situation and the need for a robust response from the judiciary. Regrettably, the response from the Supreme Court fell short of expectations. Instead of asserting its authority and upholding judicial independence, the Supreme Court opted to pass the responsibility to the government. By consenting to the formation of an inquiry commission headed by a retired judge, whose terms of reference and composition would be decided by the federal cabinet, the Court seemed to abdicate its role in safeguarding the judiciary’s autonomy. The response from legal bodies such as the Supreme Court Bar Association and the Pakistan Bar Council underscores the importance of unity in upholding judicial independence. These organizations have rightfully condemned attempts to politicize the issue and have called for a fair and impartial inquiry. Their support for the judiciary’s autonomy is crucial in navigating these challenging times. The recent events concerning interference in judicial affairs demand swift and decisive action. Upholding judicial independence is not just a legal obligation but a fundamental pillar of democracy. The judiciary must remain steadfast in its commitment to the rule of law and resist any attempts to undermine its autonomy. As the inquiry into these allegations progresses, it is imperative for all stakeholders to prioritize the integrity of the judiciary and ensure that justice prevails.