By: Qamar Bashir

In a remarkable development, six judges of the Islamabad High Court have penned a letter to the Supreme Judicial Council underscoring deeply troubling allegations of blatant, aggressive, and intimidating interference by the executive branch in both lower and higher judiciary affairs. The accusations range from manipulating bench formations to exerting undue pressure on judges to sway decisions in critical cases. Moreover, there are claims of defiance against judicial directives, orders, and judgments, often enforced through coercive measures such as the use of brute force or intimidation tactics like throwing crackers at residences, abducting close relatives, and covert surveillance. Such allegations, if substantiated, raise profound questions about the sanctity of judicial independence and the rule of law.”

The noteworthy aspect of this situation is the decision to make the letter public. With decades of experience in government circles, it’s clear that officials, including judges, are obligated to maintain confidentiality in their official correspondence. Various regulations, such as the Efficiency and Discipline Rules for government servants and the Judicial Code of Conduct, emphasize the importance of confidentiality, especially in legal proceedings. The relevant Article V of the Judicial Code of Conduct stresses that judges should avoid engaging in public controversies, particularly political ones, to uphold the integrity of their position.

Typically, matters concerning the Supreme Court are communicated to the public through its public relations department, often pertaining to administrative issues or clarifications on court actions. However, in this instance, the letter addressed to the Supreme Judicial Council on March 25, 2024, was made public the following day, March 26, 2024. This move likely aimed to achieve several objectives.

By revealing allegations of interference by intelligence agencies, the judges aimed to highlight potential threats to judicial integrity. They likely hoped that public scrutiny would compel authorities to address the issue promptly and reinforce the importance of judicial independence. However, making internal correspondence public carries risks, including undermining confidentiality and inviting political or legal repercussions. Depending on how the allegations are perceived, it could also affect public confidence. While transparency is essential for accountability, it must be balanced with protecting the judicial process’s integrity and minimizing potential fallout.

Whether the letter was leaked without the consent of the Chairman of the Supreme Judicial Commission, or the six judges who wrote it, remains unclear. However, the gravity of the allegations made by these judges cannot be overstated. Accusing the executive branch of blatant interference in the judiciary, including manipulation of bench formations, intimidation of judges, defiance of judicial directives, and even resorting to acts of violence and threats against judges and their families, constitutes a direct assault on the foundational principles of democracy, rule of law, and judicial independence.

If proven true, these allegations would not only undermine the credibility and integrity of the judicial system but also pose a significant threat to the fundamental principles of justice and separation of powers.

However, both the judges and Supreme Judicial Council know very well that the spying agency operatives are professional trained and proficient to leave no trace of evidence of their alleged interference and intimidations to the judges or their victims or targets. They employ sophisticated protocols including encryption, secure communication channels, anonymous communication platforms, steganography, covert operatives, and deniable operations to ensure their communications and actions remain untraceable and without evidence.

Utilizing advanced encryption methods, secure networks, and anonymous tools, they conceal their identities and activities, making it challenging for outsiders to intercept or attribute their actions. Covert operatives operate discreetly, while deniable operations provide plausible deniability. This makes proving their involvement in suppression and intimidation activities exceptionally difficult, necessitating thorough investigation and forensic analysis to uncover any traces of their involvement.

Therefore, handling allegations of interference and intimidation by spying agencies in the absence of concrete evidence presents a significant challenge for the Supreme Judicial Council. However, despite the difficulty in proving such allegations, the Council may still take appropriate steps to address the situation and uphold the integrity of the judiciary. They do so by employing various techniques and methods.

Evidently,  in the absence of direct evidence, the Council will have to  rely on witness testimonies and corroboration from multiple sources to substantiate the allegations. Witness testimonies, especially from the judges themselves and other individuals who may have been subjected to intimidation or interference, can provide valuable insights into the nature and extent of the alleged actions.

Moreover, given the gravity of the situation, it may be necessary for the Supreme Judicial Council to collaborate with other relevant institutions, such as law enforcement agencies or independent investigative bodies, to ensure a comprehensive and transparent investigation. Any attempts to obstruct or undermine the investigation must be met with swift and decisive action to uphold the rule of law and protect the judiciary from undue influence or intimidation.

The Council may enlist the help of independent experts or investigative agencies to conduct forensic analysis or investigations into any suspicious activities or incidents reported by the judges. Although direct evidence may be scarce, expert analysis of circumstantial evidence or patterns of behavior may reveal potential links to interference or intimidation tactics.

SJC may provide  strong protections for whistleblowers who come forward with information about interference or intimidation. SJC  can encourage individuals with knowledge of such actions to step forward and provide valuable testimony. Ensuring confidentiality and protection from retaliation can help overcome barriers to reporting.

In cases where traditional investigative methods may not yield sufficient evidence, the Council could consider establishing a public inquiry or commission with broad powers to investigate the allegations thoroughly. Such inquiries can compel testimony, gather evidence, and make recommendations based on their findings.

Given the sensitive nature of the allegations and the challenges in investigating espionage-related activities, the Council may seek assistance and expertise from international organizations or experts with experience in dealing with similar issues.

Regardless of the outcome of the investigation, the Council can implement measures to enhance judicial integrity and resilience against potential interference in the future. This may include strengthening security protocols, providing training on identifying and responding to intimidation tactics, and promoting a culture of transparency and accountability within the judiciary.

While proving allegations of interference and intimidation by spying agencies may indeed be challenging, the Supreme Judicial Council has a responsibility to thoroughly investigate such claims and take appropriate action to safeguard the independence and integrity of the judiciary. Even in the absence of direct evidence, the Council can still take steps to address the underlying concerns and uphold the principles of justice and the rule of law.

Ultimately, the Supreme Judicial Council’s response to these allegations will be a crucial test of the judiciary’s independence and its ability to uphold the rule of law in the face of external pressures. It is essential for the Council to demonstrate its commitment to justice, accountability, and the protection of judicial independence by thoroughly investigating these allegations and holding accountable those responsible for any wrongdoing. Failure to do so would not only undermine public trust in the judiciary but also jeopardize the foundations of democracy and the rule of law in Pakistan.

By: Qamar Bashir

Press Secretary to the President (Rtd)

Former Press Minister at Embassy of Pakistan to France

Former MD, SRBC