ISLAMABAD: Former CJP Justice (retired) Tassaduq Hussain Jillani has refused to head the inquiry commission on the IHC judges’ letter, ARY News reported.
Last week, the federal cabinet named Tassaduq Hussian Jillani to head the inquiry commission to probe allegations of the IHC judges of interference by intelligence agencies.
In a letter penned to PM Shehbaz Sharif, the former CJP said he has reviewed the letter penned to the Supreme Judicial Council and it does not fall under Article 209.
I thank cabinet members, CJP Justice Qazi Faez Isa and Justice Mansoor Ali Shah for expressing confidence in me, the letter read.
“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 (SJC) and its chairman the Chief Justice of Pakistan, it would be violation 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.”
I am also of the view that the terms of reference for the inquiry are strictly not germane to the subject matter of the letter dated 25-06-2024, the ex-CJP said in his letter.
“Towards the end the request in the letter is for an “institutional consultation” in terms of the mechanism suggested in the said letter”.
Read more: IHC judges’ letter: Tassaduq Hussain Jillani to head probe commission
For the afore-referred reasons, I recuse myself to head the commission and proceed with the inquiry, the ex-judge said in his letter to PM, Shehbaz Sharif.
CJP takes suo moto notice of judges’ allegations
Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa on Monday took suo moto notice of Islamabad High Court (IHC) judges’ allegations of interference by intelligence agencies.
A seven-member larger bench headed by the CJP will take up the case on Wednesday.
Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Jamal Mandokhail, Justice Athar Minallah, Justice Musarrat Hilali and Justice Naeem Akhtar Afghan will be the members of the larger bench.
Read more: CJP takes suo moto notice of IHC judges’ letter
IHC judges’ letter
Six serving judges of Islamabad High Court (IHC) penned a letter to Supreme Judicial Council (SJC), urging it to summon a judicial convention to review the matter of “interference of intelligence agencies with judicial functions”.
IHC top judges – including Justice Mohsin Akhtar Kiyani, Justice Tariq Mehmood Jahangiri, Justice Baqir Sattar, Justice Sardar Ejaz Ishaq Khan, Justice Arbab Muhammad Tahir, and Justice Salman Rafat Imtiaz – penned the letter to SJC in the aftermath of Supreme Court’s March 22 judgement on Shaukat Aziz Siddiqui’s dismissal case.
In the letter, the top judges sought guidance from the Supreme Judicial Council (SJC) with regard to the duty 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 qualify as intimidation”.
 Tassaduq Hussain Jillani has refused to head the inquiry commission on the IHC judges' letter.){kind=link}