Supreme Court Upholds Judicial Independence, Overturns IHC Order Against Justices Sattar and Kayani

In a pivotal decision that underscores the constitutional framework for judicial accountability and independence, the Supreme Court of Pakistan has unequivocally declared an Islamabad High Court (IHC) order, which sought to bar Justices Babar Sattar and Mohsin Akhtar Kayani from performing judicial duties, as null and void.

This significant ruling, announced through a statement from the Supreme Court registrar, effectively restores the two high court judges to their full judicial capacity and sends a clear message about the limits of administrative power within the judiciary.

The controversy began when IHC Chief Justice Aamer Farooq administratively stopped Justices Sattar and Kayani from judicial work, reportedly in response to an alleged video involving a lawyer.

The Supreme Court's registrar, in a detailed clarification, stated that these administrative actions by the IHC chief justice against the two esteemed judges were "legally infirm." The core of the Supreme Court's reasoning rests on the principle that only the Supreme Judicial Council (SJC) holds the exclusive constitutional mandate to initiate inquiries or take action against a high court judge.

Consequently, the IHC chief justice possesses no administrative authority to suspend or remove a judge from their judicial functions.

This ruling is particularly resonant in the current climate, following concerns raised by several high court judges regarding alleged interference in judicial affairs.

The Supreme Court's firm stance reinforces the constitutional safeguards designed to protect judges from arbitrary removal or administrative pressure, thereby preserving the autonomy and integrity of the judiciary. The registrar's statement meticulously highlighted that the chief justice of a high court lacks the power to prevent any judge from performing judicial work, emphasizing that such authority is strictly reserved for the Supreme Judicial Council under the explicit provisions of the Constitution.

The Supreme Court’s order from May 18, 2023, concerning Justice Shaukat Aziz Siddiqui, was cited as a crucial precedent.

In that ruling, the apex court had already clarified that the chief justice of a high court holds no power to issue an administrative order to stop any judge from working, as this jurisdiction rests solely with the SJC. This consistent application of constitutional principles by the Supreme Court solidifies the established legal position and prevents any deviation from the prescribed process for judicial accountability.

The declaration that the IHC chief justice's order is "without lawful authority and of no legal effect" ensures that Justices Babar Sattar and Mohsin Akhtar Kayani can continue their judicial responsibilities without hindrance.

This decision not only vindicates the two judges but also serves as a critical affirmation of judicial independence, a cornerstone of any democratic system. It reassures the legal community and the public that constitutional processes will be rigorously upheld when it comes to matters concerning the conduct and removal of high court judges, thereby safeguarding the judiciary's ability to dispense justice impartially and without fear or favor.