Justice Yahya Afridi of the Supreme Court has recused himself from the suo moto case of the letter written by six Islamabad High Court (IHC) judges citing interference in judicial matters by intelligence agencies.
Justice Afridi, who was a member of the seven-judge bench hearing the case, attached a note with the written order issued by the apex court for the first hearing of the case.
He noted in his letter that the issue raised by the judges should be viewed in accordance with the Supreme Judicial Council’s code of conduct.
“High Courts are independent courts under the Constitution. Article 184/3 should not be invoked on independence of high courts,” he wrote.
The seven-member bench that will hear suo moto case is headed by Chief Justice Qazi Faez Isa and comprised Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Jamal Khan Mandokhel, Justice Athar Minallah, Justice Musarrat Hilali and Justice Naeem Akhtar Afghan.
During the first hearing on the letter on April 3, the chief justice had said the Supreme Court would not tolerate interference in judicial affairs and was taking the letter by Islamabad High Court judges “very seriously”.
Justice Yahya, in his note, maintained that the suo moto was taken in “good faith”, however, it may harm the independence of high courts and their chief justices.
