In a surprising letter addressed to the members of the Supreme Judicial Council (SJC), six judges from the Islamabad High Court (IHC) alleged interference by the country’s intelligence agencies in judicial matters. This includes purported attempts to coerce judges by abducting and torturing their relatives, as well as concealed surveillance within their residences.
The letter, addressed to Chief Justice of Pakistan Justice Qazi Faez Isa, Supreme Court Justices Mansoor Ali Shah and Munib Akhtar, as well as the Chief Justices of the Islamabad High Court and Peshawar High Court, also raised concerns about the potential existence of a state police force designed to “intimidate” and pressurize the judges.
The letter, dated March 25, has been signed by Justices Mohsin Akhtar Kayani, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, Justice Arbab Muhammad Tahir, and Justice Saman Rafat Imtiaz of the Islamabad High Court.
The letter outlined seven instances of purported interference and intimidation aimed at “influencing the outcome of cases of interest” by intelligence officials. It noted that during a plea hearing regarding the disqualification of Pakistan Tehreek-e-Insaf (PTI) leader Imran Khan for allegedly concealing his daughter, two out of three judges on the bench deemed the case not maintainable. However, these judges were allegedly pressured by “operatives of the ISI” through their friends and relatives.
The situation became so stressful that one of the judges had to be hospitalized due to high blood pressure, as stated in the letter.
As per the six judges, the matter was raised with the Islamabad High Court (IHC) Chief Justice and the Chief Justice of Pakistan (CJP) at the time. The former informed the judges that he had discussed the matter with the DG-C of ISI (Inter-Services Intelligence) and had been assured that no ISI official would approach the IHC judges.
The letter expressed dissatisfaction, noting that despite the Islamabad High Court (IHC) chief justice’s assurance, the “interference on the part of intelligence operatives” persisted.
The letter also mentioned an incident involving the abduction of an Islamabad High Court (IHC) judge’s brother-in-law by armed individuals who claimed to be ISI (Inter-Services Intelligence) operatives. The victim was reportedly subjected to electric shocks and coerced into recording a video making false allegations, apparently against the judge.
Following the abduction incident, a complaint was lodged against the Islamabad High Court (IHC) judge with the Supreme Judicial Council (SJC). This was accompanied by an orchestrated media campaign aimed at pressuring the judge to resign.
The letter disclosed that in May 2023, an Islamabad High Court (IHC) inspection judge informed the chief justice that district court judges were also facing intimidation. Additionally, it was reported that crackers were thrown into the house of an additional district and session judge
The judge was summoned to the Islamabad High Court (IHC) to verify the claims, which he affirmed. However, rather than investigating the allegations, the judge was appointed as an officer on special duty and transferred to the IHC, before ultimately being sent back to Punjab as he was a judicial officer on deputation.
Last year, during a routine maintenance check, an Islamabad High Court (IHC) judge discovered that his official residence had been bugged with spy cameras hidden in his drawing room and bedroom.
When data from the surveillance equipment was recovered, it revealed that “private videos of the judge and his family members” had been stored. The matter was reported to the Chief Justice of the Islamabad High Court (IHC). However, no determination has been made regarding who installed the equipment and who should be held accountable, the letter added.
In addition to their letter to the Supreme Judicial Council (SJC), the six judges attached copies of letters written to the Islamabad High Court (IHC) Chief Justice on May 10, 2023, and February 12, 2024. These letters detailed various complaints, including efforts by ISI (Inter-Services Intelligence) officials to pressure IHC judges and investigate the tax records of at least one judge “to seek a certain outcome.” The judges emphasized the importance of determining whether there was a “policy on the part of the executive implemented by intelligence operatives” to intimidate judges.
The six judges also endorsed the former Islamabad High Court (IHC) judge, Justice Shaukat Aziz Siddiqui’s, call for an investigation into the allegations of interference by ISI operatives.
The letter further stated, “The allegations of interference by operatives of ISI have been addressed, and relief has been provided to a former judge of the Islamabad High Court (IHC) who was wronged. We believe that while such action was necessary, it may not be sufficient.”
The judges pointed out that the Supreme Judicial Council’s (SJC) code of conduct for judges does not specify a response to incidents “that amount to intimidation and interfere with judicial independence.”
The judges requested a judicial convention to address the interference of intelligence officials, which they believe undermines the independence of the judiciary. Such a consultation would assist the Supreme Court in determining a course of action for judges who find themselves subjected to such interference.
The letter says “considerable pressure brought to bear” on judges “by operatives of ISI” over a case facing ex-PM Khan in March 2023.
Six judges signed the letter to the Supreme Judicial Council watchdog and called for an inquiry into judicial intimidation.
Commenting on the matter, Pakistan Tehreek-e-Insaf (PTI) leader Mr. Hamid Khan praised the six judges for their actions, noting that interference in judgments is a serious issue. Speaking to the media at the Lahore High Court Bar, he emphasized the importance of regularly following up on the letter and urged the Chief Justice of Pakistan (CJP) to establish a judicial commission to investigate the content of the letter. Mr. Hamid Khan also called for accountability, stating that those responsible for any wrongdoing should be punished.
Bar associations and legal experts call for a probe into IHC judges’ letter about spy agencies. The bar associations of Sindh, Lahore, Islamabad, and Khyber Pakhtunkhwa, along with senior lawyers, called for an investigation into the letter written by six judges of the Islamabad High Court (IHC) to the Supreme Judicial Council (SJC). The letter raised concerns about the purported interference of spy agencies in the judiciary.
The bar emphasized that the independence and autonomy of the judiciary are crucial for maintaining public confidence in the justice system. It further stated that any doubts about the judiciary can be detrimental to both the justice system and society as a whole.
The Constitution of the Islamic Republic of Pakistan ensures the independence of the judiciary, however, a recent letter by six judges of the Islamabad High Court raised serious questions regarding the alleged influence of spy agencies on the judicial system.
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