The move comes as the Supreme Court of Pakistan initiated suo-motu proceedings regarding the letter from the senior judges.
ISLAMABAD: (UrduPoint/Pakistan Point News-April 1st, 2024) Former Chief Justice of Pakistan Tassaduq Hussain Jillani declined to head a commission formed to investigate a letter from a judge of the Islamabad High Court judges against interference in the judicial matters.
The move comes as the Supreme Court of Pakistan initiated suo-motu proceedings regarding the letter from the senior judges.
In his statement, former CJP Jilani was of the view that the high court judges had already approached the Supreme Judicial Council (SJC), which is a constitutional body in itself. He said he was not ready to delve into the matters that potentially fall under the jurisdiction of either the SJC or the Supreme Court of Pakistan. He also cited the concerns over judicial propriety.
Jillani also criticized the Terms of Reference (TORs) of the commission, deeming them irrelevant to the case at hand.
However, he emphasized the importance of institutional consultation in effectively addressing such issues.
The development took place just two days after the Federal government formed the commission and appointed ex-CJP Jillani as head.
The cabinet members refuted the accusations made by the IHC judges regarding executive interference and reiterated their commitment to the principle of decentralization of powers within the state institutions.
The federal cabinet had endorsed the TORs for a commission of inquiry, granting the commission head the authority to seek assistance from any necessary quarters. The commission has been given a 60-day timeframe to compile its report.
The commission's mandate includes conducting a comprehensive investigation into the allegations raised in the judges' letter and determining any direct involvement of officials in the purported interference. It also holds the mandate to probe into any other pertinent matters emerging during the inquiry process.
Furthermore, the commission would propose actions against any agency, department, or governmental entity based on its findings.
The letter to the Supreme Judicial Council (SJC) was signed by IHC Justices Mohsin Akhtar Kayani, Tariq Mehmood Jahangiri, Babar Sattar, Sardar Ejaz Ishaq Khan, Arbab Muhammad Tahir, and Saman Rafat Imtiaz, urging action to prevent undue meddling in judicial affairs by concerned quarters.
