The federal government on Tuesday disputed the contents of a leaked letter, purportedly penned by Islamabad High Court\u2019s (IHC) Justice Babar Sattar, alleging that security agencies used \u201cintimidatory tactics\u201d in a case pertaining to audio leaks being heard by the high court. Earlier today, a snippet from a leaked letter allegedly attributed to the high court judge circulated on social media, with the PTI saying it highlighted \u201cinterference in audio leak case\u201d. The snippet stated that in the audio leaks case, the IHC had put on notice the heads of state intelligence agencies and institutions, ministries and media regulators. \u201cThe question before the court is whether there exists a legal regime permitting surveillance of citizens,\u201d said the letter addressed to the IHC chief justice. \u201cAt some point during the hearing of the case, I was delivered messages on behalf of top officials in the security establishment asking me to \u2018back-off\u2019 from extensive scrutiny of the existence and mode of surveillance. \u201cI paid no heed to such intimidatory tactics and did not find that such messages created a risk of substantial detriment to the administration of justice. The current malicious campaign\u2019s focus on cases involving PTA (Pakistan Telecommunication Authority) appears to be an intimidatory tactic to influence court proceedings.\u201d The development comes amid proceedings underway in the IHC on alleged audio leaks and a separate case on contempt proceedings on a social media campaign targeting the judge, as well as suo motu proceedings in the apex court on alleged interference by intelligence agencies in judicial affairs. Addressing a press conference in Islamabad on the matter, Attorney General of Pakistan (AGP) Mansoor Awan, without naming Justice Sattar, said the contents of the letter from an IHC judge to IHC Chief Justice Aamer Farooq had surfaced, saying that it was an \u201cinternal communication\u201d of the court. \u201cThe contents of that letter are being reported in such a way and the impression is being given as if there is interference in the IHC and that a message was sent to that judge regarding a specific case, or he understood it this way, or it was sent from such an individual which it should have not.\u201d The AGP said he felt it necessary to provide an explanation on the matter, saying that the judge himself said in the leaked snippet that he did not feel intimidated with the message, \u201chowever he understood it\u201d, to be an act of interference in the principles of justice. \u201cHis (the judge) reference in the letter was to the social media campaign [against him]. But because this is a matter that is now out in the media, I, as the AGP, felt it necessary to explain the matter because a perception is being created that there is some breakdown in relations between the judiciary and the executive because of which the issue is moving forward.\u201d The AGP said there were some \u201csensitive matters\u201d of the state where it was necessary to have communication between different institutions. He added that it was the AGP\u2019s office or the provincial advocate generals who forwarded such communication. \u201cI should make it clear regarding this case that a request was made that the briefing regarding our capability on surveillance and other matters about national security, internal and external, be made in-camera so it (the capabilities of security agencies) does not go into the public domain.\u201d He said that for a country such as Pakistan that has hostile neighbours, it was necessary to ensure that such information was not made public. \u201cA communication certainly happened but what unfortunately occurred was that the impression was somehow sent or understood as if the case should be taken in a particular direction. There was absolutely nothing of this sort.\u201d The AGP said his office and the advocate generals functioned as bridges for \u201clegitimate\u201d requests between institutions, adding that neither the government nor any other state institution could interfere in the matters of judiciary. \u201cI completely reject this perception.\u201d The AGP added that as per his information, no official from any security institution had made such kind of direct contact and nor could they do so, saying that it was his own office that had initiated the contact to request that sensitive information be shared in in-camera hearings only. He called on the media to present the \u201cproper context\u201d of the letter. Shortly after, Law Minister Azam Nazeer Tarar and Information Minister Attaullah Tarar also addressed a press conference on the letter in Islamabad. Azam said that an impression was given by the snippet that \u201cPakistan\u2019s intelligence or defence institutions want to somehow or are interfering in the working of judges\u201d. Reiterating the AGP\u2019s claim of a request made to keep surveillance capability-related briefings in-camera for the audio leaks case, Azam expressed agreement with Awan\u2019s stance and said: \u201cThis is a law all over the world and over here too and it should be as well. \u201cThis is the reason why when you communicate through law officers or the officers of the AGP or advocate generals, then it is traditionally a better course for such requests to keep some matters in-camera.\u201d Azam said the courts had always heeded such requests and should continue to do so as well since it was in the wider public interest. \u201cWhat I\u2019m pained by is the interpretation of this matter in such a way that the impression was created as if there is interference in the judiciary.\u201d Presenting the government and institutional stance, the law minister said that an independent judiciary was the one to take the country forward but it also had some responsibilities considering the country\u2019s context and challenges. \u201cAll institutions should have some space for each other [otherwise] we should work in our own domains. If some institution wants to do the job of the executive, defence and Parliament and we have to place all the burden on the judiciary and if we wish to solve every matter in the courts for them to decide how legislation and appointments should happen and what the country\u2019s foreign and internal security policy is then this cannot be. \u201cThis is neither the Constitution\u2019s will nor are countries like this. The country needs unity to escape this financial crisis.\u201d Meanwhile, Attaullah said: \u201cIf a message by the AGP, who is the state representative, is sent to have an in-camera briefing then writing a letter on it saying: \u2018I\u2019ve been told to back off,\u2019 after misconstruing it and taking it out of context is not at all rooted in reality. \u201cIf a request was made for an in-camera briefing then it was for national security and I want to make it clear that there will be no compromise on national security.\u201d Without naming the IHC judge, the information minister said: \u201cDo not take this matter this far. Understand that the issue is of national security and raising a question on the entire system of national security based on this one matter [is not right].\u201d The minister said that issues of national security should not be highlighted in letters like this. \u201cIf you want to discuss some issue then the chief justice can summon a full court and you have full access. To write a letter to the chief justice of the same court with whom you have daily meetings is I think akin to making the issue controversial.\u201d He said the AGP had clarified the matter entirely, reiterating that there would be no compromise on national security. \u201cNo one said to you to back off, only a request was made for an in-camera briefing.\u201d \u00a0 \u00a0<\/p>\n","protected":false},"excerpt":{"rendered":"
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