<\/p>\n
Retired Justice Tassaduq Hussain Jillani, a former chief justice, was on Saturday appointed the head of the inquiry commission that will investigate charges of interference into judicial independence by the intelligence apparatus.<\/p>\n
On Tuesday, six Islamabad High Court judges \u2014 out of a total strength of eight \u2014 wrote a startling letter<\/a> to the Supreme Judicial Council (SJC) members, regarding attempts to pressure judges through abduction and torture of their relatives as well as secret surveillance inside their homes.<\/p>\n A day later, calls emerged from various quarters for a probe<\/a> into the investigation, amid which Chief Justice of Pakistan (CJP) Qazi Faez Isa summoned a full court meeting of the Supreme Court\u2019s judges.<\/p>\n After a meeting between CJP Isa and Prime Minister Shehbaz Sharif on Thursday, the duo decided to form a commission to investigate<\/a> the concerns of interference in judicial affairs following the cabinet\u2019s approval.<\/p>\n According to the Terms of Reference (TORs) for the inquiry body released today, the federal cabinet approved the appointment of former CJP Jillani as the head of the commission.<\/p>\n According to the TORs, the commission will fully investigate the allegations of the IHC judges and determine their veracity, if any. It will also investigate if any official was directly involved in judicial interference and suggest action against any agency, department or state institution based on the facts unearthed.<\/p>\n The commission will also be at liberty to investigate any other matter during the course of the inquiry if it feels the issue to be important.<\/p>\n The federal cabinet repudiated the allegations of the IHC judges and declared them to be \u201cinappropriate\u201d, adding that the consensus of its members was that they believed in the separation of powers of state institutions as per the Constitution.<\/p>\n PM Shehbaz reiterated his faith in the principle of the judiciary\u2019s independence of the judiciary and the division of constitutional powers. He briefed the cabinet members on his meeting with the chief justice and they expressed their complete support of the decisions and actions taken so far.<\/p>\n A statement was issued by the Supreme Court after Thursday\u2019s meeting, saying that \u201cthe CJP clearly stated that interference by the executive in the affairs and judicial workings of judges will not be tolerated and under no circumstances can the independence of the judiciary be allowed to be compromised.<\/p>\n \u201cDuring 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.\u201d<\/p>\n The statement had added that the premier had assu\u00adred the top judge of \u201cappropriate measures to ensure an independent judiciary, including issuance of directions to the relevant depar\u00adt\u00adments, and initiating legislation in accordance with paragraph 53 of the suo motu in the Faizabad sit-in judgement\u201d.<\/p>\n Following the meeting, Law Minister Azam Nazeer Tarar had told media persons that although the letter was not a precursor to a constitutional crisis, it was still \u201cpainful and very serious\u201d.<\/p>\n The law minister said that an inquiry by the commission was necessary to discourage a repeat of things in future while also admitting that the full court had also considered different options, like invoking Article 184(3) of the Constitution to initiate proceedings.<\/p>\n During his talk, the minister parried a question when asked whether the high court judges would also record their testimonies before the commission and cross-examined during the proceedings.<\/p>\n A day ago, the PTI demanded the resignation<\/a> of the SC and IHC chief justices over their \u201cinaction\u201d on intelligence agencies\u2019 interference in judicial affairs.<\/p>\n While addressing a press conference, PTI spokesman Raoof Hassan alleged that CJP Qazi Faez Isa and IHC CJ Aamer Farooq turned \u201ca deaf ear\u201d towards the repeated complaints of IHC judges against ISI\u2019s interference in the judiciary\u2019s affairs.<\/p>\n \u201cDespite being informed in writing and verbally, the IHC chief justice didn\u2019t take any action to protect judicial independence,\u201d Hasan said, adding that it was because CJ Farooq was \u201ccomplicit\u201d in the matter.<\/p>\n CJ Farooq \u201chad the biggest role\u201d in the trial of cases against PTI founder Imran Khan and his convictions, and he \u201csupervised\u201d the entire process.<\/p>\n Hasan added that the letter also \u201cindirectly indicted\u201d the CJP as it stated that the CJP was apprised of the issue in \u201cmultiple meetings\u201d.<\/p>\n Dated March 25, the letter was signed by IHC Justices Mohsin Akhtar Kayani, Tariq Mehmood Jahangiri, Babar Sattar, Sardar Ejaz Ishaq Khan, Arbab Muhammad Tahir and Saman Rafat Imtiaz.<\/p>\nInterference of executive intolerable: CJP<\/h2>\n
PTI calls on SC, IHC judges to resign over inaction<\/h2>\n
The letter<\/h2>\n