The Supreme Court is likely to form a full court bench over IHC Judges’ letter, Chief Justice of Pakistan Justice Qazi Faiz Isa has observed this while heading the proceedings of a seven-member bench.
Earlier the court constituted after taking suo-moto over a letter of the Islamabad High Court Judges resumed the hearing.
The CJP said that the court received this letter of the IHC judges that was addressed to the Supreme Judicial Council to which he -CJP – is one member. Right after this letter was received, he along with the honorable senior judge of the SC Justice Mansoor Ali Shah met with IHC’s judges. This meeting lasted for two and a half hours and if it –letter- had not been an important to them then this meeting could be called after the month of Ramadan, the CJP remarked.
The Supreme Court of Pakistan cannot call the Prime Minister of Pakistan
Adding more the CJP remarked that he called two full court sessions to discuss this letter of the IHC judges and then he called the Prime Minister of Pakistan to his office despite the fact that the court cannot call the PM. He observed that the Constitution of Pakistan regarding to call the Prime Minister is very clear. The CJP ordered the Attorney General to the relevant Article of the Constitution in this regard.
The Attorney General then read Article 248 of the Constitution which states that the President, a Governor, the Prime Minister, a Federal Minister, a Minister of State, the Chief Minister and a Provincial Minister shall not he answerable to any court for the exercise of powers and performance of functions of their respective offices or for any act done or purported to be done in the exercise of those powers and performance of those functions. Honorable Chief Justice remarked that if anybody has some other agenda on how the Chief Justice should work then such person should become the president of Supreme Court Bar or become Chief Justice of Pakistan and then give a decision as is wished. Adding more he observed that now that time has gone when the CJPs used to take decisions at their own. Remarking on the full court meeting in the past the CJP questioned that where had been the lawyers at that time?
He observed that a petition before coming to the court lands into media, but he –CJP- was not that kind of CJP who could be brought under pressure to take decision of one’s own choice. He stated that he doesn’t individually meets with the lawyers but the court has a relationship with the Pakistan Bar Council and the Supreme Court bar so the both of these bars should come up with suggestion on what more could be done to improve what is already being done regarding the letter in question. Afterwards the Attorney General explaining before the court that the honorable was active the matter in question stated that through him the Prime Minister was called and the PM after receiving this message of the CJP responded to check the earliest availability of the honorable CJP and the next was here to meet the honorable judges.
The Attorney General also informed the court when was asked about the government’s inquiry commission that it all it was done with consultation of the honorable CJP and Senior Judge honorable Justice Mansoor Ali Shah. Both the honorable judges suggested the name of the retired Chief Justice of Pakistan Mr. Tassaduq Hussain Jillani to appoint as head of this commission following credibility, impartiality and competence.
This commission was to initiate its proceeding at the Federal Shariat Court of Pakistan, but the next day Mr. Tassaduq apologized through his letter to the PM stating that the he could not head this commission as the CJP should hear this matter at the institutional level. The CJP at the of the government’s commission remarked that both the CJP and the senior puisne y judge suggested the name of Mr. Jillani as head of the government’s proposed commission as formation of this commission was the right step and Mr. Jillan was the right option to head this commission. Justice Isa asked that who conduct inquiries; It is either police or the National Accountability Bureau or some other investigating agency, but here in this case the honorable way was to constitute a commission of the government and then headed by some reputable retired judge. Everyone knows the credibility of justice retired Tassaduq Hussain Jillani. But he – really feel ashamed over how that honorable and respectful was maligned over social media. He remarked that both he and the senior judge of the SC felt ashamed over that as they suggested the name of Mr. Jillani. If any had any reservations over that act than it could be written to the court or even to the Supreme Court Bar rather than to launch social media campaign against the humble personality of Mr. Jillani.
The letter of Mr. Jillani was also read out in the court by the attorney general. The Chief Justice observed that earlier this institution might have been exceeding its powers but in realty the court has no authority to constitute its own inquiry commission; the jurisdiction of the Supreme and of the Supreme Judicial Council is well laid in the Constitution that what powers the SC and The Council have. In this regard he also pointed out towards Articles 175 to 188 of the Constitution that speak about the jurisdiction of both the SC and the Supreme Judicial Council.
In his remarks the CJP said that now all this being carried out with regard to the judges letter has provided an opportunity to many read the Constitution and laws that what they exactly state about the jurisdiction and powers of the of the court and the federal government’s formed commission. Besides every institution must work within its constitutionally defined ambit -weather the courts or any other institution.
He stated that proceedings of the commission of the government should not have taken easy as they were to be judicial in nature. The Attorney General -Mansoor Awan – informed the learned court that the federal government formed that commission both taking in view the importance of the independence of judiciary and the credibility of the government itself. The commission also has powers of a high court.
Meanwhile, the CJP asked that when the High Court has a power to take action under the contempt of court then why such action was not taken by the IHC in that regard? Meanwhile Senior SC judge Justice Mansoor Ali Shah in his observations said that when the IHC judges have approached the SC regarding the matter in question and the IHC Chief had not taken an action to adders the issue so now the Supreme Court should come up with an institutional response. He remarked they –the bench- hearing this matter was not encroaching upon the jurisdiction of the IHC rather they –SC- should take strict measures to ensure supremacy and independence of judiciary. Once the Supreme Court comes up with an institutional r[once in that regard and something concrete is devised then if some High court judge would not be listening to the subordinate judges than the will ask any such judge for not taking the right step, he remarked.
Justice Athar Minallah in his remarks said that was the federal government investigating her as well? He remarked that it was true that in the past political engineering was done and this institution-court-might also have been involved in that engineering but everyone speaks here but is not ready to take the right direction.
Meanwhile, the attorney General assuring the federal government’s support to the SC in any of its action said that government will be fully supportive to the supportive to the court in that regard. He said that such active support of the government was not available to the court in the past and gave the example of Ms. Sarnia Isa’s –wife of CJP – that how in the past she was treated by the government when she wanted to launch an FIR against the then Interior Advisor Shehbaz Akbar and the ISI Chief Faiz Hameed.
The Attorney general replied this commission was to hear even such cases. Justice Jamal Mandokhail remarked that in the past a reference was filed against a learned judge but the then Prime Minister admitted that it was a mistake. He questioned that has the current government inquired into this so far? Over citing this example, he was asked in the hearing room that what actions now the government has taken in this regard and at this CJP in alight mood said that he has not asked for that kind of a question. However, the CJP concluding the hearing of the bench sated that the court may constitute a full court bench over this matter.
He remarked that he firmly believes in democracy and since all judges of the court were not available right as some of them were at Karachi and some at Lahore and will get back after Eid so at their return the matter of full court bench is considered. He also said that the court may hear this case on day to day basis to conclude it as earlier as possible and also avid back log of cases. The court gave a tentative date for the next –April 29 – and adjourned the proceedings. Earlier the CJP also remarked over the petition of Barrister Aitaza Ahsan, seeking to constitute a three-member judicial commission over the judges’ letter, as an encroachment over the SC’s committee The seven member bench hearing this matter comprises CJP Justice Qazi Faiz Isa as its head, Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Jamal Khan Mandokhail, Justice Athar Minallah, Justice Musarrat Hilali and Justice Naeem Akhtar Afghan.
