IHC judges’ allegations: Ex-CJP Jillani was willing to head commission, says law minister

KARACHI: Federal Law Minister Azam Nazeer Tarar said on Monday that former chief justice of Pakistan Tassaduq Hussain Jillani had read the terms of reference (ToRs) for a one-man commission that the federal government had set up to probe Islamabad High Court judges’ allegations of interference by intelligence agencies in judicial affairs.

In a letter addressed to PM Shehbaz, Justice (retd) Jillani said he had gone through the ToRs for an inquiry approved by the federal cabinet, saying they were “strictly not germane to the subject matter of the letter”. He noted that the IHC judges had asked the SJC for guidance.

Speaking on Geo News programme ‘Aaj Shahzeb Khanzada Kay Saath’, Law Minister Tarar said Justice Jillani was one of his most favourite judicial personalities due to his good reputation.

He said that after the full court reference, the prime minister and the chief justice of Pakistan held a meeting, in which it was said any of the two or three names discussed in the meeting could be considered for the judicial commission. The PM said the government would talk with the person whose name was at the top of the list, he added.

The law minister said Justice Jillani sought time for deliberation when he contacted him, and when he approached him again, he (ex-CJP) appeared willing to head the commission.

Later, during a federal cabinet meeting, the prime minister asked him to speak with Justice Jillani again, he said, adding that he walked out of the meeting, contacted Justice Jillani and told him that all had agreed on his name. Tarar said the government had shared the ToRs with Justice Jillani.

He said he was not surprised at the suo motu notice taken by the Supreme Court of the matter of IHC judges’ allegations as the PM House had received an hour earlier Justice Jillani’s message in which he recused himself from heading the commission.

The law minister was of the view that the matter was politicized after the formation of the commission. He blamed the politics of street agitation and fiery speeches for the situation.

He said the CJP’s decision to take suo motu of the matter was right in view of the tense situation.

He said lawyers’ associations had welcomed the formation of the Jillani commission over the IHC judges’ letter. He said the government had honoured the commitment made with the chief justice.

Tarar said a factual inquiry cannot be conducted under Article 184/3, and a possible outcome of this would be similar to a commission or a JIT of the past.

He said in his person opinion the full court was not needed, and a three-, five- or seven-judge bench could decide on a mechanism in this regard. However, there would be no objection if a full court was formed. He said that in the case of a full court, there is no need for appeal.

Speaking with host Hamid Mir on Geo News programme ‘Capital Talk’, PML-N leader Bilal Azhar Kayani said that Justice (retd) Tassaduq Hussain Jillani was appointed as head of the inquiry commission after obtaining his consent.

It is possible that he refused to head it due to the social media storm that erupted after the forming of the commission, he said.

The PML-N leader said the suggestion to form an inquiry commission on the judges’ letter did not come from the government but from the Supreme Court.

In a meeting between the chief justice and the prime minister, there was general agreement on the name of Justice (retd) Jillani to head the commission. Now that the Supreme Court had taken suo motu notice, “let’s see what happens next”.

Kayani said the standard-bearer of judicial independence, PTI, had itself filed a reference against Justice Qazi Faez Isa. The cabinet’s decision to form an inquiry commission is still in effect, he remarked.