SC orders respondents to file reply till May 6

During the hearing of the petitions seeking investigation into the allegations leveled by 6 judges of Islamabad High Court (IHC) regarding interference in the affairs of judiciary, Supreme Court (SC) has ordered that the respondents should file replies till May 6.
SC got written in its order the five high court presented their proposals. Notice were issued to Pakistan Bar Council and SC Bar Associations (SCBA) . Pakistan Bar council has filed their reply while the meeting of SCBA has not been held. SCBA filed some proposals. SCBA can file more proposals after meeting. Lawyers organizations can file their proposals in writing. If any one wants to file proposal one can do so. If name of secret agency comes and it wants to file reply it can do so through Attorney General (AG). If lawyers organizations file the reply simultaneously then it will be helpful.
The hearing of the case was adjourned till May 7.
Chief Justice of Pakistan (CJP) Qazi Faez Isa remarked there is too much division in the country. People perhaps don’t want independence of judiciary. Former chief too became head of commission. People exerted too much pressure on him.
I am not responsible for past history of this court. I constituted full court after becoming chief justice. I am grateful to parliament which made practice and procedures . Not a single matter of interference has come before me eversince I have become chief justice. We will not allow any one to interfere in judiciary. We will have to move ahead now. Presidents of subordinate judiciary bars sit in chamber of judges. Is it not interference.
Justice Mansoor Ali Shah remarked no high court has said that it will resolve the matter of interference on its own. We will have to frame a system due to which the door to interference is closed.
Justice Athar Minallah remarked if intelligence agencies do any thing then Prime Minister and his cabinet is responsible for it. See the constitution nothing is done independently. We have to maintain the prestige of our armed forces. These are our armed forces. They are guards of country. They are our soldiers who defend the country.
The IHC judges’ letter case is being heard by a six-member bench, headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa and comprising Justice Mansoor Ali Shah, Justice Jamal Khan Mandokhel, Justice Athar Minallah, Justice Musarrat Hilali and Justice Naeem Akhtar Afghan.
The CJP while addressing Attorney General (AG) Mansoor Awan remarked has he seen the recommendations of Islamabad High Court (IHC) .
He replied he has not seen them so far.
The CJP said how should we move ahead this matter.
Justice Athar Minallah said Attorney General these are not recommendations or proposals but these are charge sheet.
Later AG read out the recommendations of high court in the SC.
Later CJP remarked we have not to interfere in the matters of high court. The interference in the matters of high court did not yield good results in the past.
Justice Athar Minallah remarked judges of IHC are saying the interference is made persistently. Are the proposals of IHC unanimous.
AG replied apparently they look to be unanimous.
Justice Athar Minallah remarked it means no judge differed from them.
Later SC ordered to make public the proposals sent by IHC.
The CJP remarked when every thing is running on media then we too make them public.
He inquired can the high court not take steps on the points as per constitution what points it has told.
AG said high court can take steps on them.
Justice Athar Minallah remarked we should appreciate the proposals sent by high court. If there is no reply then judges will not be fearless. We should see the point what the judges of high court are raising.
Justice Athar Minallah said personal information of a judge were exposed on social media. Issue of green card of a judge was raised.
Justice Jamal Mandokhail remarked leave the judges of high court. what will be of that what is happening with us.
Judges Athar Minallah remarked saying this to judge your child studies where, only executive can do this.
Justice Jamal Khan Mandokhail said two members of bench were targeted. We took notice what is being done with us. if we give 10 decisions then what will be done.
Justice Mansoor Ali Shah remarked if this issue is not resolved today then there will be enormous loss.
The CJP while addressing AG said who filed review petitions against Faisalabad dharna decision. I tell you how internal interference takes place.
Review petition has not been fixed for hearing since more than four years. Is executive responsible for it. Parliament should play its role here. Did the world not know who was running Pakistan at that time. Dont raise fingers on me. I had given in writing Gen Faiz Hameed was behind it. This matter was left at the government of that time. My wife had recorded her statement in the police station. When people go derailed then legislation is needed. Govt will make legislation when.
Unless parliament becomes stronger the other forces will become stronger.
Justice Mansoor Ali Shah remarked intelligence agencies have come to existence under what law. If they interfere then what action can be taken against them.
The CJP remarked phones come to bureaucracy. Some do the job and some donot do. Whosoever donot do they are made OSD.
Justice Athar Minallah said when any judge speaks the truth then references are filed against him.
The CJP remarked these references come to us. We have mechanism. We should not depict our such bad picture.
Justice Athar Minallah remarked you have read proposals of three high courts. Not a single one has said that interference is not being made. It means interference is being made.
Justice Mansoor Ali Shah remarked we are sitting here on judicial side not on administrative side. We can pass any order.
Justice Athar Minallah remarked we abolish the decisions of council. We make amendment in them. We can give advice to the executive on this matter.
The CJP remarked some people were fighting the war of independence of judiciary silently. They are now no more. When we seek reports from intelligence agencies for appointment of judges then we invite them for interference. When you get appoint monitoring judges. When you will include them in JITs then they get opportunity to interfere.
The hearing of the case was adjourned till May 7.