Military Establishment’s War against Judiciary | Pakistan Tehreek-e-Insaf

 

Military Establishment’s War against Judiciary

‎When a country is ruled by a cruel military dictator under an undeclared martial law, their first step is to eliminate any obstacles they might face from the judiciary. They systematically remove judges who uphold justice and replace them with those who are compromised—ones who can be easily blackmailed or bribed. By elevating these malleable judges to top positions, the dictator ensures that the judiciary becomes a tool of their oppressive regime, rather than a defender of the rule of law and the rights of the people. This manipulation of the judicial system further consolidates the dictator’s power, undermines public trust in legal institutions, and erodes the foundations of democracy and justice in the country.

This is exactly what’s happening in Pakistan, where the pursuit of justice has become one of the most courageous endeavors. Judges who strive to deliver fair and truthful decisions face life-threatening situations. The military regime exerts its power to silence anyone who dares to challenge its illegal actions. From convicting innocent people in the May 9th false flag operation to filing over 200 baseless cases against former Prime Minister Imran Khan, the military has relentlessly used its resources to carry out unlawful actions aimed at suppressing dissent and controlling the people.

The judiciary of Pakistan stands as the last beacon of hope, trying to resist the oppressive military regime and their puppet government formed through a fraudulent mandate. These brave judges, upholding truth, endure severe consequences unimaginable in a democratic nation. Here are a few instances where judges have faced coercion:

Justice Mazahir Naqvi and Justice Ijazul Hassan of Supreme Court of Pakistan

Justice Sayyed Mazahar Ali Akbar Naqvi resigned in January from the Supreme Court (SC), citing circumstances that were a matter of public knowledge as making it no longer possible for him to continue.

This development came a day after the apex court denied Justice Naqvi’s request for a stay against the proceedings of the Supreme Judicial Council (SJC), which had issued a show cause notice to the judge for allegedly amassing illegitimate assets and misconduct.

“It was an honour to be appointed and to serve as a judge first of the Lahore High Court and then as the Supreme Court of Pakistan. In the circumstances which are a matter of public knowledge and to some extent public record, it is no longer possible for me to continue to serve as a judge of the Supreme Court of Pakistan,” Justice Naqvi said in his resignation letter sent to the President of Pakistan.

The military’s intelligence agencies also harassed and threatened Justice Ijaz-ul-Hassan of Supreme Court of Pakistan, and he eventually resigned under duress, in January 2024. Ijaz-ul-Ahsan had raised questions about the ongoing judicial investigation against the supreme court judge, Justice Naqvi. It is important to note that Justice Ijaz-ul-Hassan was next in line to become Chief Justice of Pakistan in October 2024.

References:

Islamabad Hight Court Judges

Six judges out of eight, of the Islamabad High Court repeatedly appealed to both the Chief Justice of the Islamabad High Court and the Chief Justice of the Supreme Court, stating that they were being threatened by intelligence agencies and requesting intervention to halt the interference and harassment. All judges of IHC also unanimously acknowledged that intelligence agencies are interfering in their judicial functions. However, neither chief justice took action to address the situation. Subsequently, on March 25, 2024, these six judges formally wrote a letter urging the Supreme Judicial Council to investigate the allegations. After the letter was made public, the Chief Justice of the Supreme Court was compelled to take action.

However, instead of investigating this highly serious matter through the Supreme Judicial Council, the Chief Justice of Pakistan Qazi Faez Isa announced an inquiry under a commission headed by a retired judge on March 30th. This decision came after a controversial meeting with the Prime Minister, who has been questioned in the letter to explain the interference and clarify if it reflects the state's policy in threatening judges.

Interestingly, retired judge Mr. Justice Tassaduq Hussain Jillani withdrew from heading an inquiry commission to investigate the allegations on April 1st, 2024. He noted that since the judges' letter was addressed to the Supreme Judicial Council (SJC) and the Chief Justice, it would have been "violative of judicial propriety" for him to conduct the probe.

On April 2nd, judges of the Islamabad High Court received threatening letters containing "chemical powder" from an unknown sender.

On April 30th, 2024, the Supreme Court held the first hearing for this case, followed by a second hearing on May 7th, 2024. However, the case was adjourned indefinitely, seemingly leaving the concerned judges at the mercy of intelligence agencies.

References:

‎ATC Judge Muhammad Abbas and Lahore High Court Chief Justice Malik Shahzad

Intelligence agencies, operating with impunity in Pakistan, continued to threaten judges of the Islamabad High Court and harass judges in lower courts.

Another notable case involved Judge Muhammad Abbas from the Anti-Terrorism Court in Sargodha, who presided over cases related to the attacks on military installations on May 9th, 2023—a false flag operation orchestrated and executed by the military establishment designed to wrongfully accuse and arrest PTI leadership and supporters. Judge Muhammad Abbas accused Pakistan's powerful intelligence agency, ISI, of harassing him and his family members to influence court decisions. He wrote a letter to Lahore High Court Chief Justice Malik Shahzad Ahmad Khan detailing the harassment by officials from the Inter-Services Intelligence (ISI).

In his letter, he stated that on May 25, the first day of his new assignment as judge of the Anti-Terrorism Court (ATC) in Sargodha, he was informed that an authority from ISI wished to meet him in his chamber. Judge Abbas immediately declined the meeting.

He reported that his family received an unusually high electricity bill for the previous month, which he suspects to be fake and possibly sent with collusion from the relevant electricity distribution company under pressure from the intelligence agency.

The judge further disclosed that his relatives are being harassed by unidentified individuals seeking personal information about him.

Additionally, on June 6, there was a shooting incident damaging a transformer outside the main gate of the Anti-Terrorism Court (ATC).

On June 10, the special judge submitted another report to the registrar, noting that his court had 19 post-arrest bail petitions and nine trial cases scheduled. He mentioned that the prosecution sought adjournment in two cases, claiming a pending transfer application at the Lahore High Court (LHC). However, he denied the request as no stay order was presented.

Later the same day, court staff and the ATC Sargodha police guard informed him that all access roads to the court had been blocked due to an alleged security threat. This prevented litigants and even under-trial prisoners from attending court proceedings. Of course, there was no genuine security threat; this was done to prevent falsely accused prisoners from obtaining bail.

On receiving the letter from ATC judge Muhammad Abbas, LHC Chief Justice Malik Shahzad took decisive action in this matter and issued notices to all respondents, including the ISI Sargodha sector commander, to submit their reports to the court through the additional attorney general and the Punjab advocate general.

He also formed six additional election tribunals to address cases of widespread election rigging. This action angered the military establishment, leading them to use their influence over the Chief Justice of Pakistan, Qazi Faez Isa, to elevate Justice Malik to the Supreme Court, preventing him from overseeing Lahore High Court matters where establishment interests were at play.

Subsequently, the military establishment filed a misconduct reference against Justice Malik through their proxies, intensifying threats and pressure against him.

References:

‎References Against Islamabad High Court Judges

Returning to the judges of the Islamabad High Court who wrote the letter complaining of harassment and threats by intelligence agencies, the establishment has subsequently filed frivolous references through their proxies in the Supreme Judicial Council against three of the judges, evidently to intimidate and coerce them into backing off.

  • ‎Justice Babar Sattar
  • ‎Justice Mohsin Kiyani
  • ‎Justice Tariq Jahangiri

References

It is important to note, Justice Babar Sattar is currently presiding over the case involving infamous audio leaks, directly implicating ISI in illegal phone tapping and subsequent release of recordings to the media. Despite mounting pressure, Justice Sattar continues to pursue the case. Additionally, he is handling a case concerning the alleged illegal leaking of his personal data by intelligence agencies. It is not a surprise that ISI is not happy with these proceedings.

References

There is no doubt that more news of intimidation and harassment will soon make headlines as Pakistan is currently governed by a puppet government formed on a fabricated mandate, controlled by the military establishment.

We should expect more frivolous references against honest judges.

Both the Chief Justice of Pakistan, Qazi Faez Isa, and the Chief Justice of the Islamabad High Court, Amir Farooq, appear aligned with the military establishment, displaying bias for political gains and failing to protect their judges or uphold justice for them.

The question is how long will this injustice persist, and how long will international human rights organizations and democratic nations continue to support Pakistan's undemocratic military backed regime, while disregarding the democratic rights of the Pakistani people who deserve to have their voices heard and their choice of representatives respected?

How long can everyone stay silent on the erosion of human rights and the justice system in Pakistan?

 

Compiled By: Jehanzeb Paracha

 

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