Islamabad’s district judiciary negates six: IHC judges’ claim of interference

ISLAMABAD: In contrast to the assertions made by six judges of the IHC and the observations of certain SC judges regarding alleged ongoing interference by agencies in the judiciary’s affairs, the district judiciary of the federal capital maintains that it operates independently without any external intervention, including from intelligence agencies.

While the six IHC judges mentioned incidents of; a) alleged intimidation of some district court judges in 2023 and; b) interference in the judicial affairs of the district judiciary by agencies in 2024 in their letter, the respective district and sessions judges did not corroborate these incidents in their formal communications to the CJ of the IHC.

The letter from the six judges stated: “On May 3, 2023, IHC’s inspection judge for District East Islamabad had reported to the IHC chief justice that judges of the district court were facing intimidation, and at least one additional district and sessions judge had been threatened, and crackers were thrown into his house to intimidate him. The matter was also discussed in the presence of all judges of the IHC in the tea room. The relevant district and sessions judge overseeing Division East was immediately called to the IHC to verify reports of interference by operatives of intelligence agencies into the functioning of the district judiciary that he had shared with the inspection judge of the IHC. He confirmed such reports in the presence of the chief justice of the IHC and another judge of the IHC. The said district and sessions judge was later made officer on special duty and transferred to the IHC before being sent back to Punjab as he was a judicial officer on deputation. He is now posted at Bahawalpur.”

However, it is reported that the then district and sessions judge Muhammad Atta Rabbani had submitted a report on May 5, 2023, that did not mention any intimidation, threat, or cracker incident, nor did it confirm any interference in judicial affairs. Instead, he reported to the CJIHC that all judicial officers were working independently. His report reads: “All judicial officers working in District and Session Division East, Islamabad, have been directed not to allow any person in any capacity to visit their chambers. The judicial officers are working independently, are not allowing any person to visit their chamber, and are working without fear or favour.”

A day later, on May 6, 2023, Nasir Javed Rana, District and Sessions Judge Islamabad-West, had also submitted a report to the CJIHC, which similarly stated that the judicial officials were performing their duties independently. His report reads: “With reference to the telephonic communication, I have the honour to submit that all judicial officers posted in the District and Session Division West Islamabad are under strict direction not to see any person in their chambers. They are performing their duties independently without any fear, favour, or any sort of pressure from any quarters whatsoever.”

Regarding the district judiciary of Islamabad, the six IHC judges also wrote, “Five judges of the IHC had written a letter to the IHC chief Justice on February 12, 2024, mentioning accounts heard by us with regard to interference by operatives of intelligence agencies into the dispensation of duties and functions by judges of the district judiciary, undermining their autonomy and independence. A full-court meeting was sought (which, according to the six judges, was not convened) to address concerns, inter alia, regarding the independence of the judiciary.”

According to documents available with The News, the district and sessions judges of West Islamabad and East Islamabad had sent their respective reports on the working and conduct of the district judiciary, refuting any external interference, including from intelligence agencies.

Muhammad Azam Khan, District and Sessions Judge, Islamabad-West, had submitted the following report to the CJIHC on February 13, 2024: “I have the honour to submit that I have taken over as District and Session Judge, Islamabad-West, on October 13, 2023.” I am closely monitoring the work and conduct of all the judicial officers working in civil and sessions courts in Islamabad-West. All the judicial officers are discharging their respective duties with regard to the dispensation of justice independently, on merit, without any fear or favour to anyone, and without any extraneous influence from any side.

“Similarly, I have also never been approached or influenced by any agency or institution in any judicial or administrative matter. “The district judiciary of Islamabad-West is working with full independence without any interference or intervention by any other segment of society.”

On the same day, February 13, 2024, Nasir Javed Rana, District and Sessions Judge, East-Islamabad, had submitted the following report to the CJIHC: “I have the honour to submit that the undersigned is closely monitoring the conduct and work of all the judicial officers working in the Civil and Session Division, East-Islamabad. All the judicial officers are discharging their duties qua dispensation of justice independently on merit, without any fear or favour and without any extraneous influence from any side, i.e., any external group, agency, etc. Moreover, no such complaint has been received from any judicial officer to the same effect.”

When approached, the IHC registrar declined to comment on confidential matters. The former Islamabad district and sessions judge was also approached, but he declined to offer any comment on the matter.