QUETTA: The Chief Justice of the Balochistan High Court has expressed ‘strong displeasure’ over the constitution of a judicial inquiry into the death of former MPA without consulting him, on grounds of violating the principle of independence of judiciary.
According to government sources, a letter has been sent by the Balochistan High Court to the provincial government in this context. Sources said the Chief Justice of the Balochistan High Court has expressed “strong displeasure” over the constitution of a judicial bench and nomination of judges to inquire into the death of former MPA Usman Kakar without holding prior consultations with him and termed it ‘improper’.
The provincial government sources, while referring to a written communication from the Registrar BHC to the Chief Secretary, said, “While the provincial government can establish a tribunal, commission or committee of inquiry to conduct probe into an issue of public importance but when it desires the investigation through Hon’ble judges of the High Court or judges of the district judiciary, the government requests the Hon’ble chief justice to recommend the judges, because the judiciary is independent as provided by the Article 175 of Constitution of Pakistan.” Following the request, the sources said, “the Hon’ble Chief Justice recommends the names which are subsequently notified by the government.”
Terming the nomination of Hon’ble judges by the provincial government to investigate the case without consulting the Hon’ble Chief Justice as ‘improper’, the government was asked to withdraw the names and request the Hon’ble Chief Justice to nominate members of the commission for an inquiry and nominate them.
