Judicial commission on life attempt on Imran: CJP may deliberate on PM’s request today

ISLAMABAD: The Chief Justice of Pakistan, Justice Umer Ata Bandial, is likely to deliberate today (Monday) upon the request made for the formation of a Judicial Commission on the assassination attempt of former prime minister Imran Khan who survived the attack in Wazirabad but reportedly received injuries in his legs.

Prime Minister Mian Muhammad Shehbaz Sharif the other day in a presser in Lahore requested Chief Justice of Pakistan Umer Ata Bandial to form a full-court commission to investigate the attack on PTI Chairman Imran Khan. The prime minister had said that the chief justice should form a full court commission to end this chaos and evil, adding that if his appeal is not listened to, questions will be raised in future.

Mian Shehbaz Sharif had further said that a judicial investigation into the incident was vital to bring the truth before the people adding that he will write a letter to the chief justice to form a full court soon.

Well-placed sources privy to the development confirmed to the News on Sunday that Chief Justice of Pakistan Justice Umer Ata Bandial will consult fellow judges of the Supreme Court today (Monday) on the presser of Prime Minister Mian Muhammad Shehbaz Sharif seeking the formation of a full court for probing the assassination attempt on Imran Khan.

It is pertinent to mention here that Monday is a hectic day as the country’s highest court will take up high profile and important cases, including the Ministry of Interior’s petition seeking initiation of contempt proceeding under Article 204 of the Constitution against Imran Khan for violating its order of May 25 as well as Presidential Reference seeking the top court’s opinion on the Reko Diq settlement agreement.

Sources said Prime Minister Shehbaz Sharif has not yet officially approached the country’s highest court for the formation of a full court for probing the Wazirabad incident. “After the Chief Justice receives the official request from the Prime Minister’s office, pros and cons of the possibility of formation of judicial commission would be looked into,” the sources revealed.

The sources further revealed that due to high load of cases pending before the top court for adjudication and current cases, the top court cannot spare all the judges for probing the assassination attempt on Imran Khan.

Meanwhile, the legal fraternity is of the view that the prime minister has no authority to ask the Chief Justice to constitute a full court for probing any matter adding that it is the prerogative of the Chief Justice to do so.

Shah Khawar, former Judge of Lahore High Court (LHC) and senior lawyer of the Supreme Court, said the federal government can request for constitution of a judicial commission comprising sitting judges of the Supreme Court for probing any matter but it is the discretion and prerogative of the CJP to constitute a committee to conduct a judicial inquiry so requested. The CJP is not obliged to constitute a full-court commission, assigning reasons that such high number of judges could not be spared for such tasks.

Shah Khawar said the federal government or the prime minister may invoke Article 184(3) of the Constitution by filing a petition in the Supreme Court of public importance adding that the Supreme Court can also exercise its original jurisdiction under Article 184(3) of the Constitution by taking suo moto notice if the matter is of public importance.

“At the same time, the federal government, whenever it considers it expedient to conduct an inquiry into any public importance issue, it may by notification in the official gazette, constitute a commission of inquiry to probe any matter,” Shah Khawar said

The said commission of inquiry, he said, can conduct an inquiry into a matter by exercising powers as judicial proceedings where the committee can call into aid every executive authority of the country.

“The set commission has to prepare a report to submit before the federal government and the federal government can make it public within 30 days,” Shah Khawar said.

Meanwhile, Muhammad Azhar Siddique, senior advocate of the Supreme Court, is of the opinion that the prime minister has no authority and jurisdiction to suggest the constitution of a commission by a full court for probing any matter. He said it is the discretion of the Chief Justice of Pakistan either to constitute a full court or not. First of all, this is a prerogative of cabinet in terms of articles 90 and 91 of the Constitution to request the Supreme Court for constitution of any commission, he said adding the federal government can constitute an inquiry commission in terms of provision of Pakistan Commission of Inquiry Act 2017 and can request for the nomination of a judge to be the head of the commission but cannot request for a full court to head the commission.

“The federal government in terms of Article 184(3) of the Constitution can file a public interest petition in the Supreme Court for an inquiry in line with the Memogate scam,” Azhar Siddique added.