Upholding Judicial Independence: A Vital Pillar of Democracy in Pakistan
In a recent development that has sparked discussions across legal and political circles in Pakistan, Chief Justice Qazi Faiz of the Supreme Court has emphatically reiterated the sanctity of judicial independence in the face of alleged interference by the Executive. The judiciary, often regarded as the guardian of the rule of law and democracy, stands firm in its commitment to upholding its autonomy against any encroachment.
The saga unfolded with a letter dated 25th March 2024 from six judges of the Islamabad High Court, expressing grave concerns regarding potential interference in judicial affairs. Promptly responding to the gravity of the situation, Chief Justice Qazi Faiz convened a series of meetings and consultations to address the matter with utmost urgency and diligence.
On 26th March 2024, a meeting was called by the Chief Justice with all the judges of the Islamabad High Court, where each judge's concerns were meticulously heard, reflecting a commitment to transparency and inclusivity in addressing the issue at hand. Subsequent to this, meetings were held with key stakeholders including the Attorney-General, Law Minister, President of the Supreme Court Bar Association, and members of the Pakistan Bar Council to ensure a comprehensive understanding of the situation from various perspectives.
A pivotal moment came with the convening of a Full Court Meeting of all the Judges of the Supreme Court of Pakistan on 27th March 2024. Deliberations during this meeting underscored the gravity of the situation and the consensus among the majority of the members for the Chief Justice to engage with the Prime Minister directly on the issues raised in the letter. This demonstrated a collective commitment among the judiciary to address concerns through established constitutional channels while upholding the principles of separation of powers.
The subsequent meeting between the Chief Justice, Senior Puisne Judge, and the Prime Minister, accompanied by key government officials, reaffirmed the unwavering stance of the judiciary on the issue of judicial independence. Chief Justice Qazi Faiz unequivocally stated that any form of interference in judicial affairs by the Executive would not be tolerated, emphasizing that the independence of the judiciary is sacrosanct and indispensable for the preservation of democracy and the rule of law.
A significant proposal emerged during this meeting, suggesting the constitution of an Inquiry Commission under the Pakistan Commissions of Inquiry Act, 2017, to investigate the matter impartially. This proposal reflects a commitment to transparency and accountability, ensuring that allegations are thoroughly investigated through established legal mechanisms.
Crucially, the Prime Minister's endorsement of the Chief Justice's views and assurances to take appropriate measures to safeguard judicial independence signal a positive step towards restoring confidence in the judiciary's autonomy. The commitment to issuing directions to relevant departments and initiating legislation in accordance with judicial pronouncements underscores the government's recognition of the judiciary's pivotal role in upholding constitutional principles.
Furthermore, the Chief Justice's subsequent briefing to the Full Court, detailing the outcomes of the meeting with the Prime Minister, exemplifies a culture of transparency and accountability within the judiciary. By keeping all stakeholders informed and engaged throughout the process, the judiciary demonstrates its commitment to collective decision-making and consensus-building.