ISLAMABAD: Justice Yahya Afridi has opted to withdraw from the suo motu case recently initiated by the Supreme Court following a letter submitted by judges of the Islamabad High Court (IHC) citing concerns about interference in judicial matters by intelligence agencies.
In a written note accompanying the initial hearing’s order, Justice Afridi, a member of the seven-judge panel handling the case, announced his decision to recuse himself. He explained that the issues raised in the IHC judges’ letter should be assessed within the framework of the Supreme Judicial Council’s code of conduct.
Asserting the independence of high courts under the Constitution, Justice Yahya emphasized that invoking Article 184/3 should not impede this independence.
The seven-member bench, presided over by Chief Justice Qazi Faez Isa and including Justices Syed Mansoor Ali Shah, Jamal Khan Mandokhel, Athar Minallah, Musarrat Hilali, and Naeem Akhtar Afghan, convened for the first hearing on April 3. Chief Justice Isa stressed the Supreme Court’s intolerance towards any interference in judicial affairs and underscored the gravity with which the letter from the Islamabad High Court judges was regarded.
Justice Yahya Afridi, in his note, expressed that while the suo motu notice was initiated with good intentions, it could potentially undermine the autonomy of high courts and their chief justices.
Additionally, Justice Athar Minallah appended a note expressing his inability to align with paragraphs one to 12 of the written order. He cautioned against political interference in cases, citing precedents like the Zulfiqar Ali Bhutto reference and the Asghar Khan case.
Describing the IHC judges as “whistleblowers,” Justice Minallah defended their actions, stating they had persistently raised concerns at appropriate forums to no avail. He emphasized the duty of judges to uphold the Constitution and called for their protection from reprisals.
The bench issued notices to Attorney General for Pakistan Mansoor Usman Awan, Pakistan Bar Council, and the SC Bar, soliciting input on the institutional response of the judiciary to the matter. It was noted that Chief Justice Isa and Justice Syed Mansoor Ali Shah had met with Prime Minister Shehbaz Sharif after consulting with high court judges.
The bench underscored the seriousness of the issue, mentioning a meeting with the premier and a visit by the law minister to former Chief Justice (retd) Tasadduq Jilani’s residence, where proposed terms of reference for an inquiry commission were discussed. The order also addressed concerns about social media campaigns against the ex-CJP and clarified the summoning of officials under Article 248.
I am an experienced writer, analyst, and author. My exposure in English journalism spans more than 28 years. In the past, I have been working with daily The Muslim (Lahore Bureau), daily Business Recorder (Lahore/Islamabad Bureaus), Daily Times, Islamabad, daily The Nation (Lahore and Karachi). With daily The Nation, I have served as Resident Editor, Karachi. Since 2009, I have been working as a Freelance Writer/Editor for American organizations.
