Ex-judge of ‘impeccable integrity’ to probe charges by IHC justices

ISLAMABAD: The federal government Thursday announced it will constitute an inquiry commission to probe the Islamabad High Court judges’ allegations of interference by the intelligence agencies in their judicial work. Addressing a press conference here, Federal Minister for Law and Justice Azam Nazir Tarar said an inquiry commission led by a retired and impartial judge will be notified in a day or two. The minister was accompanied by Attorney General Mansoor Usman Awan

The law minister said mainstream and social media had highlighted the letter of the IHC judges and the complaints made in it. He said a former chief justice of Pakistan was mentioned in the letter.

The law minister said the chief justice of Pakistan, after holding a full court meeting, desired a meeting with the prime minister.

Tarar said that despite his pressing engagements, Prime Minister Shehbaz Sharif met the chief justice and suggested an inquiry into the matter through a commission. He said the chief justice also desired that an inquiry commission should be constituted to probe the matter.

He said it was the authority of the federal government to form a commission, hence the commission will be formed under the Commission of Inquiry Act.

He said the Terms of References (TORs) of the commission will also take into account the current and future issues.

He further said that suggestions will also be taken from the cabinet members regarding the formation of the commission while efforts will be made to give the responsibility to an impartial and well-known personality.

The federal law minister further said during his meeting with Chief Justice of Pakistan Justice Qazi Faez Isa and Senior Puisne Judge Syed Mansoor Ali Shah, the prime minister assured the chief justice that there will be no compromise on the independence of the judiciary. He assured that it was the government’s duty to investigate the matter.

He said the prime minister told the CJP that such cases needed to be prevented in future.

Tarar said the PM requested the CJP for speedy disposal of tax related cases as it was a matter of the country’s economy and financial affairs.

Tarar said the matter pertaining to the constitution of inquiry commission will be placed before the cabinet on Friday (today), adding that a retired judicial personality of good repute may be appointed to lead the commission and to inquire into the matter. Later, speaking in Geo News programme Aaj Shahzeb Khanzada kay Saath, Tarar said that because of unavailability of some cabinet members, the meeting would be held tomorrow (Saturday), adding the PM wanted consultation with all cabinet members.

Earlier in the day, the PM, accompanied by the law minister and attorney general, met the CJP. The senior puisne judge and the SC registrar were also present during the meeting that lasted for about an hour and a half.

Justice Qazi Faez Isa made it clear that the executive’s interference in the affairs and judicial workings of judges will not be tolerated and under no circumstances could the independence of the judiciary be allowed to be compromised.

The chief justice and the senior puisne judge said independence of the judiciary was a foundational pillar that upheld the rule of law and a strong democracy,” says a press release issued by the apex court.

During the meeting, a proposal was made to constitute an inquiry commission under the Pakistan Commissions of Inquiry Act, 2017, which should be headed by a retired judge of impeccable integrity to inquire into the matter.

The PM undertook that a meeting of the federal cabinet will be called to seek their approval for the constitution of the said Commission.

The PM fully endorsed the views expressed by the CJP and senior puisne judge, and assured them that he would be taking other appropriate measures to ensure an independent judiciary, including issuance of directions to the relevant departments, and initiating legislation in accordance with paragraph 53 of Suo Motu No. 7/2017 (the Faizabad Dharna judgment).

“Thereafter, in continuation of the last meeting, the CJP again called a full court meeting and briefed the judges on what had transpired at the meeting with the prime minister”, says the press release.

It was further stated that the Chief Justice of Pakistan (CJP) received a letter dated 25 March 2024 from six judges of the Islamabad High Court on 26 March 2024.

Considering the gravity of allegations levelled in the said letter, the CJP called a meeting on the same day with the chief justice and all the judges of the Islamabad High Court after Iftar at 8 pm at the chief justice’s residence.

The concerns of all the judges were heard individually in a meeting that lasted for over two and a half hours.

The following day, 27 March 2024, the CJP met with the Attorney-General and the Law Minister, and thereafter the CJP along with the Senior Puisne Judge met with the President of the Supreme Court Bar Association and the senior most member of the Pakistan Bar Council present in Islamabad.

A full court meeting of all the judges of the Supreme Court of Pakistan was called under the chairmanship of the chief justice of Pakistan at 4 pm the same day.

The full court deliberated over the issues raised in the letter.

A consensus was developed amongst the majority of the members of the full court that in view of the gravity of the situation, the CJP may hold a meeting with the prime minister on the issues raised in the letter and the meeting was adjourned,” says the press release.