Since May last year, IHC judges have been facing the heat for resisting the alleged interference by executive agencies in their judicial duties. To address the issue, they met with the then CJP Umar Ata Bandial and the incumbent CJP Qazi Faez Isa to discuss the harassment, especially following the Tyrian case.
During the discussions, they pressed Chief Justice Aamer Farooq to initiate contempt proceedings against those meddling with judicial functions. The IHC CJ showed restraint.
However, following the February 8 elections, IHC judges requested that the chief justice call a full court meeting to get to the bottom of the alleged agency interference.
When the meeting was not convened, the judges took their grievances to the Supreme Judicial Council (SJC) on March 25, seeking guidelines on dealing with agency interference.
Instead of creating deterrence, CJP Isa tried to refer the matter to the executive while expressing his desire to constitute an inquiry commission to investigate the allegations made by six IHC judges. However, the plan hit a roadblock when former CJP Tassaduq Hussain Jillani declined to head the commission.
The matter was then taken up through suo motu jurisdiction based on the judges’ letter. Despite this, the judiciary remained split on how to respond institutionally to agency interference.
The suo motu case remains in limbo, and the top court, under CJP Isa’s leadership, has not yet established a strong deterrent to stop such interference. Reports of interference have continued even after the suo motu proceedings began. Meanwhile, the Lahore High Court (LHC) issued a nine-page order detailing how executive agencies interfere with the operations of anti-terrorism courts (ATCs). The order was submitted to the apex court as part of the suo motu case, but a hearing date has not been set for the past two months.
A lawyer noted that the IHC judges seem to recognize that the SC is unlikely to step in under the current circumstances. Consequently, they have opted to take the initiative themselves by initiating contempt proceedings against those behind the campaign against Justice Jahangiri.
The full court is currently hearing the contempt case, with the written order from the first hearing still awaited.
lawyer further explained that the IHC judges faced two choices: either appeal to the SC or take the initiative themselves. “For them, this is a fight for survival.”
He added that the judges were following Justice Isa’s playbook from the presidential reference case and taking an aggressive stance.
Meanwhile, the Islamabad High Court Bar Association (IHCBA) has thrown its weight behind Justice Jahangiri. Both factions within the IHCBA are backing the IHC judges – a significant setback for the government. Even the Independent Group, typically seen as pro-government, is fully supporting Justice Jahangiri.
Observers reckon that if the IHC judges, including CJ Aamer Farooq, remain united, it will be tough for powerful circles to knock them down.
Although CJP Isa did not fully endorse the IHC judges’ concerns, there is substantial support for the IHC judges within the apex court. Both the LHC and the Peshawar High Court have acknowledged that agency interference in judicial functions is an “open secret.
Hearing
The Islamabad High Court (IHC) on Monday started contempt proceedings against the people allegedly running a smear campaign against IHC judge Tariq Mehmood Jahangiri on social media platforms and issued notices to three journalists—Gharidah Farooqi, Ammar Solangi and Hasan Ayub.
Earlier, the IHC Chief Justice Aamer Farooq formed a 7-member bench comprising all IHC justices excluding Justice Jahangiri to hear the case.
At the start of the full court hearing, Chief Justice Aamer Farooq stated that the court had explained many times, but no one learned a lesson, adding that the contempt of court proceedings are an institutional response to the social media campaign.
He said the smear campaign against judges is intolerable and questioned if the Pakistan Telecommunication Authority (PTA), the Federal Investigation Agency (FIA), and the Pakistan Electronic Media Regulatory Authority (Pemra) were unaware of it. The Islamabad advocate general told the bench that the government would take action based on the judge’s response.
“Are judges left to respond to such questions? Should we also hold press conferences? We are not afraid of accountability, but we will not tolerate campaigns against judges. Whoever is found responsible will not be spared and will spend their summer in Adiala Jail,” responded Justice Farooq.
Justice Miangul Hassan Aurangzeb commented that it appeared the government was endorsing this campaign. “The minister for law, the minister for information, and the attorney-general are all silent, giving the impression that you are behind this,” he said, addressing the state law officer.
The court later issued notices to Gharidah Farooqi, Ammar Solangi, and Hassan Ayub, directing the FIA director general to identify those responsible for the campaign against Justice Tariq Mehmood Jahangiri. The case will be heard further after the summer holidays.
The Islamabad High Court Bar Association (IHCBA) will also convene an emergency meeting today (Tuesday) to discuss an ongoing smear campaign on social media against Justice Jahangiri.
In a statement issued on Sunday, the IHCBA condemned the malicious social media campaign against the judge, stating that he is a capable and diligent judge who has had an outstanding professional career as a lawyer and a deputy attorney general.
“The IHCBA fully believes in the independence and autonomy of the judiciary,” it added.
Justice Tariq Mehmood Jahangiri leads the election tribunal that is hearing petitions of three PTI candidates against alleged rigging at the National Assembly constituencies in Islamabad