Ex-CJP Jilani refuses to head commission formed to probe IHC judges’ letter. Former Chief Justice of Pakistan Tassaduq Hussain Jillani has stepped down from his role as head of the one-man commission tasked with investigating allegations of intelligence interference in judicial matters.
His decision follows the Supreme Court’s suo motu notice regarding a letter from Islamabad High Court judges.
Jilani and IHC judges’ letter
Concerns Over Judicial Propriety
Justice (retd) Jillani cited concerns over judicial propriety as the primary reason for his recusal.
He emphasized that the letter in question was addressed to the Supreme Judicial Council and the chief justice, making it inappropriate for him to lead the investigation.
Justice (retd) Jillani also noted that the “terms of the reference for inquiry” were not relevant to the subject asked to probe by the six IHC judges in their letter. He also noted that at the end of the letter the judges had requested for an “institutional consultation” on the issue.
Also read: SC takes suo motu notice of IHC judges’ letter
“Though, the letter in question may not strictly fall within the parameters of Article 209 of the Constitution, but the Honorable Chief Justice of Pakistan being a paterfamilias may address and resolve the issues raised in the letter at the institutional level. For the afore-referred reasons, I recuse myself to head the commission and proceed with the inquiry,” said Justice (retd) Jillani in the letter.
Discrepancies in Terms of Reference
Another key point raised by Justice (retd) Jillani was the mismatch between the inquiry’s terms of reference and the issues raised by the judges in their letter.
He noted that the judges had called for institutional consultation, suggesting a broader scope than what the ToRs outlined.
Commission Formation and Government Response
The formation of the commission came after Prime Minister Shehbaz Sharif and Chief Justice Qazi Faez Isa discussed the concerns raised by the IHC judges.
The government swiftly approved the commission’s establishment and appointed Justice (retired) Jillani to lead the inquiry.
Uncertain Future for the Commission
However, with Justice Jillani’s recusal and the Supreme Court’s intervention, the fate of the commission now hangs in the balance.
The judiciary’s response to the situation and the government’s next steps remain uncertain as the investigation into the allegations takes a new turn.
