The Islamabad Bar Council (IBC) on Tuesday condemned and denounced a “baseless” and “frivolous reference” against Islamabad High Court’s (IHC) senior puisne judge Mohsin Akhtar Kayani.
A day earlier, it emerged that a former official of the Islamabad High Court Bar Association (IHCBA) had moved the Supreme Judicial Council (SJC) against Justice Kayani. Justice Kayani is among the six judges who recently wrote a letter to the SJC detailing alleged harassment at the hands of state institutions. In the letter, the judges had accused the country’s intelligence apparatus of interference in judicial affairs, including attempts to pressure judges through abduction and torture of their relatives and secret surveillance inside their homes.
IHCBA former general secretary Mohammad Waqas alleged that IHC Justice Kayani “waged a war against the forces of Pakistan in a planned manner by inducing and convincing other judges of high court”.
His complaint to the SJC said that “the action of the learned judge […] is not initiated in good faith as he is facing ‘references’ questioning his integrity and conduct as a judge”. An earlier reference revolved around the lawyers of the chamber where Justice Kayani was practising before his appointment to the IHC.
The complaint claimed that intelligence agencies were required to keep a check on the “criminal intents” of judges, but they had failed to do so. It claimed that the letter of the IHC judges had attempted to provoke the sentiments of the people affiliated with a political party and, in fact had maligned the prestigious office of a judge by indulging in political affairs for his personal gains.
It requested proceedings against the judge under Article 209 of the Constitution. The article empowers the SJC to carry out inquiries into the capacity and conduct of Supreme Court and high court judges. In a statement, the IBC said Vice Chairman Adil Aziz Qazi expressed deep concern and strongly condemned the filing of the “frivolous reference” against Justice Kayani. He added that the filing of the “baseless reference” was deemed to be an “affront to the esteemed judiciary” and was regarded as a “blatant abuse” of the legal process.
The statement said Justice Kayani had served the judiciary with the “utmost dedication, impartiality and integrity”, adding that the judge’s “unwavering commitment to upholding the rule of law and dispensing justice fairly is commendable and beyond reproach”.
It said it was “imperative” for the legal community as the guardians of justice to “vehemently condemn such malicious attempts to undermine the judiciary and tarnish the reputation of our esteemed judges”, adding that “frivolous references” not only wasted valuable judicial resources but also eroded public trust in the legal system. The press release said that the IBC unequivocally condemned the filing of the complaint, stood in solidarity with the judge and reaffirmed the body’s unwavering support for judicial independence and integrity. “Let it be known that the legal fraternity will not tolerate any attempts to to undermine the sanctity of our judicial institutions,” the press release concluded.
