The suggestions of Peshawar High Court came out in the automatic notice case related to the judges’ letter

Islamabad: Peshawar High Court’s suggestions came out in the automatic notice case related to the letter of Islam High Court Judges.

In its reply, Peshawar High Court has said that when a judge takes oath, he swears not to take any kind of pressure, it is written in the judge’s oath that he will not come under pressure, neither state nor non-state in providing justice. Will withstand the elements.

The reply further states that in constitutional matters the High Court consists of the Chief Justice and judges, there is no provision that allows the administration or state institutions to interfere in the work of judges, only the Supreme Judicial Council High Court and Supreme Court judges. Represents the letter’s code of conduct.

There is no guidance in the Judges’ Code of Conduct to prevent interference within the judiciary, while interference in parliamentary affairs, politics and judicial affairs is an open secret.

The Peshawar High Court’s response further stated that judges in political cases seem to be suspicious of agency interference, with some judges complaining that secret agencies intervened in political cases to dictate decisions, and not listen. In the case of the judges received death threats from non-state actors from Afghanistan.

After receiving threats to the judges, it was raised before the Counter-Terrorism Department but no progress was made, while the cases of threats to the judges were also raised at the highest level.

The Peshawar High Court has further said that here we refer to a judgment which discourages political engineering by intelligence agencies, in the light of the Supreme Court’s judgment prohibiting agencies from interfering in politics and judicial affairs.

The Peshawar High Court has said in its recommendations that the Faizabad Dharna case decision should be followed to prevent intimidation of the High Court judge, and the High Courts should adopt a coordinated action plan in this case, if a judge is threatened. So he should inform the Chief Justice concerned.

The High Court said that a copy of the recommendations should be sent to the Supreme Judicial Council and the Administrative Committee of the High Court, and that the Chief Justice and the Administrative Committee should take immediate action on the complaint of the aggrieved judge, and take all measures to prevent intimidation of the judge. Actions should be taken.

If the institutions do not cooperate in such matters, then it should be looked into by a larger bench on the judicial side, and the concerned larger bench should issue other orders including contempt of court proceedings against these institutions.

The proposals further state that action should be taken against secret agency officers involved (in threatening judges), and that the Chief Justice and the Administrative Committee should look into the matter immediately after receiving the complaint, if the chief of the High Court concerned. If the Justices fail to do so, the matter should be placed before the Administrative Committee within seven days.

According to the recommendations of the Peshawar High Court, if the administrative committee comes to the conclusion that the matter should be further investigated, the proposed procedure should be followed, and the code of conduct of judges should be amended in this regard.

According to the proposals, if a High Court judge receives threats or interference from state or non-state actors, he should immediately inform the Chief Justice of the High Court through a written complaint. If something happens to a judge, then the matter should be looked into under the High Court Rules.

It should be noted that in the automatic notice case related to the letter of the judges of the Islamabad High Court, the Supreme Court had sought suggestions from the High Courts, on which the suggestions of the Peshawar High Court have come out.