Justice Shaukat Aziz Siddiqui of the Islamabad High Court (IHC) on Wednesday criticised the alleged interference of country’s intelligence agencies in the affairs of the judiciary, media and the executive, warning that such an intrusion may eventually lead to a ‘big loss’.
Justice Siddiqui made the observations while wrapping up a case concerning two missing brothers who were allegedly picked up by a spy agency. In the order sheet issued after Wednesday’s hearing, Justice Siddiqui not only censured Islamabad police for its failure to protect citizens from enforced disappearances but also criticised intelligence agencies, especially Inter-Services Intelligence (ISI), for allegedly exceeding their sanctioned mandate.
The judge observed, “Police is in league with the mighty agencies, who have disrupted the civic fiber of the country by establishing a state over the State of Pakistan.” “I must observe that persons at the helm of affairs of all the institutions need to protect their hard-earned independence and take remedial steps to stop the invasion by personnel of a particular institution and intelligence agencies,” the court order noted.
Accusing the spy agencies of interfering in the affairs of the third pillar of the state, Justice Siddiqui wrote, “Everyone knows […] how proceedings are manipulated, from where strings are pulled and when power is wielded and maneuvered to achieve the desired results.””It is [a] matter of great concern that even benches are constituted and cases are marked to different benches on the direction of such elements,” he said.”It is time to save the institution of the judiciary from all kind of influences, otherwise we may not be able to answer [to] Allah Almighty.”
“To remain like a silent spectator is against the oath made by every judge, provided by the constitution. In case of our failure, the Pakistani nation and history will not remember the judges with good names,” the order added.
Justice Siddiqui directed court officials to forward a copy of the order to the defence and interior secretaries as well as to the chief of army staff and the ISI director general.
Earlier, Islamabad police had produced Rab Nawaz, a man who was allegedly picked up by unknown persons, before Justice Siddiqui. The abductee had told the court that he went to Vehari on his own.
In the order sheet, Justice Siddiqui noted, “It is expected from the top echelon of [the] army that by appreciating the delicacy, sensitivity and alarming nature of the situation, some remedial steps to stop their agencies from interfering into the affairs of other departments and to refrain them from assuming the role not assigned by [the] law shall be taken.”
Published in Daily Times, July 19th 2018.
