ISLAMABAD: Justice Yahya Afridi has withdrawn from the suo motu case that the Supreme Court has taken up following a letter from judges of the Islamabad High Court (IHC) citing allegations of intelligence agency meddling in judicial matters.
Included in the seven-member bench hearing the case was Justice Afridi, who noted his recusal in a memo attached to the written order after the initial hearing.
The judge said that the issues brought up in the letter from the IHC judges should be considered in light of the code of conduct established by the Supreme Judicial Council, justifying his decision to recuse himself.
“The Constitution establishes the independence of the High Courts. Justice Yahya argued that Article 184/3 should not be applied to the independence of high courts.
Judge Syed Mansoor Ali Shah, Justice Yahya Afridi, Justice Jamal Khan Mandokhel, Justice Athar Minallah, Justice Musarrat Hilali, and Justice Naeem Akhtar Afghan make up the seven-member bench led by Chief Justice Qazi Faez Isa, which is hearing the suo motu case.
The nation’s top court stated during the case’s initial hearing on April 3 that the SC will not stand for any meddling in legal matters and is treating the letter from the judges of the Islamabad High Court “very seriously.”
In his note, Justice Yahya said that although the supreme court had issued the suo motu notice in “good faith,” it might be detrimental to the independence of higher courts and their chief justices.
