Former chief justice of Pakistan (CJP) Tassaduq Hussain Jilani has excused himself from heading the government-approved inquiry commission on the letter written by six judges of the Islamabad High Court.

The former CJP wrote a letter to Prime Minister Shehbaz Sharif in which he observed that the high court judges had written the letter to the Supreme Judicial Council (SJC), which itself was a constitutional body.

"I have gone through the afore-stated letter of the six judges and the terms of reference approved by the Cabinet as well as the relevant constitutional provision (Article 209). Since the letter is addressed to the members of Supreme Judicial Council and its chairman the Chief Justice of Pakistan, it would be violative of judicial propriety for me to inquire into a matter which may fall within the jurisdiction of a constitutional body which is the Supreme Judicial Council or the Supreme Court of Pakistan itself," the letter stated.

Jilani letter

Furthermore, Jilani also voiced his disagreement with the Terms of Reference (TORs) of the commission, deeming them irrelevant to the case at hand. He emphasized the importance of institutional consultation in addressing such matters effectively.

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"Towards the end the request made in the letter is for an 'institutional consultation' in terms of the mechanism suggested in the said letter," the former top judge explained.

On Saturday, the government had approved the constitution of an inquiry commission to investigate the letter of six judges from the Islamabad High Court regarding interference on the part of intelligence agencies in judicial decisions. Former chief justice of Pakistan, Tassaduq Hussain Jilani, was 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. 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.

Also Read: SC takes suo motu notice of IHC judges' letter, to take up case on Wednesday

The commission will thoroughly investigate the allegations levelled 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.

IHC Justices Mohsin Akhtar Kayani, Tariq Mehmood Jahangiri, Babar Sattar, Sardar Ejaz Ishaq Khan, Arbab Muhammad Tahir, and Saman Rafat Imtiaz had signed the letter written to the SJC, which was dated March 25.

It listed seven alleged instances of interference and intimidation by the intelligence officials “to influence the outcome of cases of interest”. It also pointed out that two of the three judges sitting on the bench hearing the case to remove PTI leader Imran Khan for allegedly hiding his daughter expressed their opinion that the case could not be pursued because they felt pressured by “operatives of the ISI” through friends and family.

The letter stated that one of the judges had to be hospitalized due to high blood pressure because the situation had become so stressful.

The six judges stated that the then-CJP and the IHC chief justice were informed about the situation. "I have spoken to the DG-C of ISI and have been assured that no official from ISI will approach the judges of the IHC," the former told the judges.