The federal cabinet has approved the constitution of an inquiry commission to investigate the letter of six judges from the Islamabad High Court.
Former chief justice of Pakistan, Tassaduq Hussain Jilani, has been nominated as the head of the inquiry commission.
The cabinet meeting denied the allegations of the IHC judges of the executive's interference. The cabinet members were of the unanimous opinion that they strongly believed in the principle of decentralization of powers in state institutions.
The federal cabinet also approved the TORs of the commission of inquiry.
Cabinet meeting
Sources within the federal cabinet indicated that there was a consensus to appoint former chief justice Tassaduq Hussain Jilani as the head of the commission. However, both Jilani and former CJP Nasirul Mulk were contacted on the matter.
Following the decision, the federal government's legal team was tasked with contacting Tassaduq Jilani to formally invite him to lead the commission. Additionally, the attorney general for Pakistan was specially invited to the federal cabinet meeting to discuss the matter.
It is expected that the AGP will formally inform Chief Justice of Pakistan Qazi Faez Isa about the government's decision regarding the constitution of the inquiry commission.
Further details regarding the commission's formation and mandate are expected to be outlined in a declaration issued after the federal cabinet meeting.
After the usual agenda of the cabinet was wrapped up, the on-table agenda regarding the commission of inquiry on the judges' letter was presented, according to sources.
However, before the consultation on the formation of the commission, officers were sent out of the meeting. The government considered various names as head of the commission and the gathering was briefed on the contact with two former chief justices. It was also reported that Prime Minister Shehbaz Sharif wants to head the commission through a former chief justice.
It was also decided to take Chief Justice of Pakistan Qazi Faez Isa into confidence before finalizing the name, the sources said.
The Law Ministry will formally announce the commission, while the cabinet members proposed to keep it a one-member commission.
The federal government believes in the principles of an independent judiciary and rejected the allegations of interference in the powers of the higher judiciary by the six IHC judges, the sources said. "An independent judiciary has a key role in the aspirations of our nation and in the justice system," the cabinet members were quoted as saying.
'Big challenge'
Meanwhile, former CJP Jilani said he was grateful that the Supreme Court has expressed confidence in him, adding that the responsibilities being given to him were a big challenge.
The case should be reviewed according to the definition of the independence of the judiciary under the Constitution, Jilani maintained while speaking exclusively to Samaa TV.
He said the government consulted him over the telephone before appointing him as head of the inquiry commission, to which he agreed. "I have been entrusted with a very important responsibility," he remarked, adding that it was a matter of the independence of the judiciary, which he would fulfil honestly.
Terms of Reference
As per the terms of reference of the commission, if necessary, the head of the commission can seek the services of anyone. The commission will be given a timeframe of 60 days to prepare its report.
The commission will thoroughly investigate the allegations leveled in the judges' letter and determine whether an official was directly involved in the alleged interference. "The commission will also have the power to examine any other matter if it deems necessary during the course of the inquiry," the cabinet agreed.
The commission shall recommend action against any agency, department or government body based on facts.
