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S.M.C. 1 2024 An
S.M.C. 1 2024 An
the order. With great respect, I have not been able to persuade myself
and whether in the facts and circumstances of the case before us,
be decided in this case on the judicial side by the full Court. All these
from commenting on these issues. It was for this reason that I could
preliminary observations.
by the executive branch of the State and its organs. They have
They have stated that they were compelled to seek guidance because
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SMC 1/2024
certain questions have been left open by this Court while deciding the
they had raised the issue before all the relevant forums but, despite
matter was also promptly brought to the attention of the former Chief
could not have been any conceivable justification for the then pater
been described in the letter. The Attorney General has referred to the
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Shaukat Aziz Siddiqui v. Federation of Pakistan and others (Const.P.No.76 of 2018 decided on
22.3.2024)
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manifested from the unflattering role of the judicial branch for the
past seventy six years. This phenomenon has, prima facie, relegated
what has been highlighted by the six judges in their letter. The
The six judges have drawn the attention of this Court to a matter
of the citizens.
3. The six judges of the Islamabad High Court have sworn oaths
the oath to do; uphold the Constitution and the independence of the
what they had explicitly sought. They had blown a whistle internally
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because the whistle blowing was in public interest. This Court in the
which does not deter internal whistle blowing because of the public
importance associated with it. No one within the institution must fear
other material placed on record were relied upon. This crucial aspect
judges are not complainants but they had solicited advice and
the past seventy six years. The judges have highlighted the
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M.Asghar Khan v. Mirza Aslam Baig (PLD 2013 SC 1)
3
Suo Motu action regarding Islamabad-Rawalpindi Sit in/Dharna (PLD 2019 SC 318)
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the past while it appears from the letter of the six judges that it
Court in Justice Qazi Faez Isa case. The recent judgment of this
interference by the executive and its organs. This Court has observed
as follows:-
4. The letter of six judges confirms that the cases of Asghar khan
and that the judgments are being brazenly violated. The letter
the institution and outside which has profound consequences for the
for individual freedoms and rights. We all know the reality but