The Federal Government has to face defeat at three important fronts relating to the judicial matters on Monday.
They include suo-moto of the Supreme Court over Islamabad High Court (IHC) judges’ letter, suspension of the conviction of PTI founder chairman Imran Khan and his wife Bushra Bibi by the IHC and apology of Justice (rtd) Tassaduq Hussain Jillani to head the inquiry commission which the government had announced to investigate the letter controversy.
In the first instance, the Supreme Court (SC) of Pakistan today has taken suo-moto over the controversial letter of the Islamabad High Court Judges. The apex court has constituted a seven-member bench that is starting its proceedings on Wednesday (April 3) at 11:00pm. The Chief Justice of Pakistan will be heading this bench.
According to the details the SC has taken suo-moto over the letter which six out of the total eight judges of the Islamabad High Court wrote to the Supreme Judicial Council accusing the executive and intelligence apparatuses of the country for their influence in judicial process seeking their favorite decisions.
This bench will comprise over Justice Mansoor Ali Shah, Justice Athar Minallah, Justice Musarrat Hilali, Justice Naeem Akhtar Afghan, Justice Yahya Afridi and justice Jamal Khan Mandokhail and the CJP Mr. Justice Qazi Faiz Isa as its head.
Tassaduq Hussain Jillani rescues himself from inquiry commission
Another important development of the day is that Justice retired Tassaduq Hussain Jillani has apologized the federal government stating his expressing inability to head the inquiry commission. The government a day earlier formed this commission to give findings over letter of the IHC judges. Although Mr. Jillani a day accepted this nomination stating that he will come up to the expectations of the people and was ready to frame TORs of the commission in consultations with the federal law minister and attorney general. However, today he has apologized stating such commission under Article 209 of the Constitution of Pakistan cannot initiate inquiries in the matter relating to the judges’ letter. He also thanked the parliament for having confidence on him in his letter to the Prime Minister for apology. He has also suggested that the Chief Justice of Pakistan should resolve this matter the institutional –court-level. This suggestion didn’t come from Mr. Jillani yesterday when he accepted his nomination as head of this commission. It is surprising. What will happen to that commission of the government? is more surprising for the people of Pakistan who are keeping their eyes and hears all time on what is happen in the country since the last few days regarding the said matter.
According to the further details the IHC judges’ letter that which has been a debate in every corner of the country including on media has raised a number of questions over the credibility of those judges who been bearing the alleged pressure of the executive and of the spy agencies in Pakistan.
This letter was written to the Supreme Judicial Council of the SC to seek guidance from the apex court over the alleged involvement of the executive and of the agencies. The letter also states that they –judges- at time and again have been informing the apex court over the matter in question. This claim of all those learned judges of the high court is another area of concern for the people in Pakistan. The major question is that where all the previous proceedings this learned court influenced?
Important the entire for the last few days was busy in learning how the apex court of the country was busy in calling full court references, meeting judges at one hand the Prime Minister of Pakistan on the other. Similarly the government also kept the people busy in learning that the PM was meeting the CJP and holding the federal cabinets’ meeting to have approval of the announced commission. However what will be the new strategy of this government after the said developments is something to be waited on. Meanwhile the PTI has strongly hailed the decision of the SC regarding the letter as Barrister Gohar Ali Khan in his statement has said that the Supreme Court did exactly what the PTI was demanding and by this he meant the suo-moto of the SC.
IHC suspends Toshakhana conviction of Imran Khan
Another blow which the government today faced is decision of the Islamabad High Court in which the Court has suspended conviction of PTI’s founding Chairman Imran Khan and his wife Bushra Bibi under Toshakhana case. Besides suspending the conviction, the court has even refused to fix appeal of the government observing any such appeal will be fixed after Eid-ul-Fitr. The court also observed also that instead of seeking fixation of the appeal against the court’s decision, the government’s lawyer should give arguments against the suspension if he has any with him to argue. Earlier on January 31, 2024 Mr. Khan and his wife Bushra Bibi were convicted and sentenced to 14 years imprisonment and fined about 1.5 billion rupees.