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LHC orders the PM Office to stop agencies from contacting judges

Lahore, 29 June 2024, (GNP): The Lahore High Court (LHC) has ordered the Prime Minister’s Office to ensure that all civil and military agencies, including the Intelligence Bureau (IB) and Inter-Services Intelligence (ISI), refrain from contacting any members of the judiciary.

Justice Shahid Karim of the Lahore High Court (LHC) issued a detailed four-page interim order on Saturday, addressing the harassment of an anti-terrorism court (ATC) judge in Sargodha.

The case was initiated by former LHC chief justice Malik Shahzad Ahmad Khan, who took suo moto notice based on the ATC judge’s complaint. After Khan’s elevation to the Supreme Court, Justice Karim took over the proceedings.

During a previous hearing, Justice Karim directed the prime minister to establish clear guidelines for security agencies, emphasizing that it is the responsibility of higher authorities to prevent such incidents. The written order stipulates that no agency should “approach or contact” any judge, whether of the superior or subordinate judiciary, or their staff in the future.

Moreover, the court instructed that similar directives be issued to all police officers in Punjab, forbidding direct contact with judges concerning the merits of any pending judicial proceedings. The order further specifies that any security measures for Anti-Terrorism Courts in Punjab must be implemented only with the consultation and agreement of the respective court’s judge.

The court underscored the need for a formalized process to ensure the judiciary’s independence and integrity, stating that any interaction with judges must adhere strictly to these guidelines. Justice Karim also highlighted the importance of protecting the judiciary from undue influence and maintaining public confidence in the judicial system.

This ruling marks a significant step towards reinforcing the separation of powers and ensuring that the judiciary can operate without interference from civil or military agencies. The LHC’s proactive approach aims to uphold the rule of law and safeguard judicial independence in Pakistan.

Justice Shahid Karim’s interim order also includes stringent measures, stating that the Inspector General of Police (IGP) and the chief of police of each division or district will personally face accountability and contempt proceedings in the Lahore High Court if they violate these directives.

Furthermore, Justice Karim mandated that judges of Anti-Terrorism Courts (ATC) throughout Punjab must install a call recording application. They are required to record all calls that raise suspicions of attempts to influence ongoing judicial proceedings.

This measure aims to enhance transparency and accountability within the judicial process, ensuring that any attempts to undermine judicial independence can be properly documented and addressed.

These additional provisions underscore Justice Karim’s commitment to safeguarding the judiciary from external pressures and maintaining the integrity of judicial proceedings across Punjab.

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“A direction is issued to the judges of Anti-Terrorism Courts across Punjab to deal and decide the cases relating to May 9, 2023 expeditiously and on priority,” the order said.

The court also directed the ATC judge and his staff to cooperate in the investigation.

“All investigation proceedings should be video recorded and the record shall be maintained by the police as also remitted to this court through the registrar.”

The court then adjourned the hearing till July 8.

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