Former CJ declines to head inquiry commission as SC takes suo motu notice ; Justice Tassaduq Jillani recuses himself citing jurisdictional concerns and judicial propriety

By Naveed Siddiqui
ISLAMABAD: As Supreme Court takes suo motu action, former Chief Justice of Pakistan, Justice Tassaduq Hussain Jillani, has declined an appointment to lead a one-man inquiry commission tasked with investigating allegations raised by six judges of the Islamabad High Court. In a letter addressed to Prime Minister Mian Muhammad Shehbaz Sharif, dated April 1, 2024, Justice Jillani expressed gratitude for the appointment but cited concerns regarding jurisdictional propriety.
Justice Jillani highlighted that the concerns raised by the six judges fell within the purview of the Supreme Judicial Council (SJC) and the Supreme Court of Pakistan. He noted that it would be inappropriate for him to conduct an inquiry into a matter that potentially falls under the jurisdiction of these constitutional bodies.
The terms of reference for the inquiry, as approved by the cabinet, were also noted by Justice Jillani to be not directly aligned with the concerns raised by the judges. The judges’ concerns primarily focused on the duty of judges to report interference by members of the executive and intelligence agencies, rather than the scope outlined in the terms of reference.
While acknowledging that the matter may not strictly fall under Article 209 of the Constitution, which delineates the jurisdiction of the SJC, Justice Jillani suggested that the Chief Justice of Pakistan could address and resolve the issues raised at the institutional level.
In light of these considerations, Justice Tassaduq Hussain Jillani recused himself from heading the commission and conducting the inquiry. His decision underscores the importance of upholding judicial propriety and respecting the jurisdiction of constitutional bodies in matters of legal inquiry and adjudication.
Meanwhile, the top court took suo motu notice of the allegations levelled by the six IHC judges and constituted a seven-member bench to hear the matter.
According to the roster issued today, the bench will comprise the chief justice, Justice Syed Mansoor Ali Shah, Justice Yahya Afridi, Justice Jamal Khan Mandokhail, Justice Athar Minallah, Justice Musarrat Hilali and Justice Naeem Akhtar Afghan — all available judges on principal seat Islamabad. The case will be taken up on Wednesday (April 3) at 11:30am.