Justice Tassaduq Jillani declines to head commission for probing judges letter

Former Chief Justice Tassaduq Hussain Jillani Monday declined to be head of the federal government's one-man inquiry commission to investigate the letter authored by six judges of Islamabad High Court (IHC) about the alleged interference in judicial matters by the intelligence apparatus.

According to the 24News HD TV channel, Justice Tassaduq Jillani wrote a letter to Prime Minister Shehbaz Sharif, informing him that he will not head the commission and proceed with the inquiry.

In the letter, Justice Jillani said, "I refer to the cabinet meeting dated 30th March 2024, in terms of which I have been appointed to head the one-man inquiry commission to inquire into the allegations levelled by the six judges of the Islamabad High Court in their letter dated 25th March 2024. I thank you and the cabinet for reposing confidence in me to head the commission. I am also grateful to the Honorable Chief Justice of Pakistan Mr. Qazi Faez Isa as also the Senior Puisne Mr. Justice Syed Mansoor Ali Shah for expressing confidence in me."

Retired Justice Tassaduq Hussain Jillani further noted in his letter to the PM, "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 the 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 that may fall within the jurisdiction of a constitutional body which is the Supreme Judicial Council or the Supreme Court of Pakistan itself.

I am also of the view that the terms of the reference for inquiry are strictly not germane to the subject matter of the letter dated 25-03-2024 wherein the 6 honorable Judges inter alia said that: "We are writing to seek guidance from the Supreme Judicial Council ("SIC') with regard to the ditty of a judge to report and respond to actions on part of members of the executive, including operatives of intelligence agencies, that seek to interfere with discharge of his/her official functions and qualin, as intimidation, as well as the duty to report any such actions that come to his / her attention in relation to colleagues and/or members of the courts that the High Court supervises". Towards the end the request made in the letter is for an "institutional consultation" in terms of the mechanism suggested in the said 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 recurs myself to head the commission and proceed with the inquiry."

On last Saturday, March 30, 2024, the Federal Cabinet gave "approval" to a one-member inquiry commission led by Justice (retd) Tassaduq Hussain Jillani to probe the letter authored by six Islamabad High Court (IHC) judges against the alleged interference in judicial matters.

The decision was taken at the cabinet meeting chaired by Prime Minister Shehbaz Sharif on Saturday. The meeting of the federal cabinet meeting was held on Zoom as most of the ministers participated virtually.

Federal Law Minister Senator Azam Nazeer Tarar and Attorney General for Pakistan Mansoor Usman Awan will frame terms of reference (TORs) for the inquiry commission that will submit its report in 60 days.

The six IHC judges namely Justice Mohsin Akhtar Kiyani, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, Justice Arbab Muhammad Tahir, and Justice Saman Fafat Imtiaz had on March 26 forwarded a letter to the Supreme Judicial Council (SJC), urging it to convene a judicial convention over the alleged interference of intelligence agencies in judicial affairs.

In response to the letter, Chief Justice of Pakistan (CJP) Qazi Faez Isa had on March 28 said that meddling by the executive in the affairs and "judicial workings of judges will not be tolerated" come what may. He had said this during a meeting with Prime Minister Shehbaz Sharif at the Supreme Court in Islamabad.

Reporter: Awais Kiani