The commission to probe the Abbottabad fiasco may comprise independent members but, if Asma Jahangir is to be believed, its formation is illegal because the CJP was not consulted prior to the appointment of Justice Javed Iqbal as its head. That’s just one pickle. It appears that some of the nominees were not consulted and they learnt about their appointment through media reports. Justice (retd) Fakhrudin G Ibrahim is one and Justice Javed Iqbal is likely to be other. Did anybody in the prime minister’s office know that Lt Gen (retd) Nadeem Ahmad was being treated at the CMH for heart attack while the announcement was being made? The PM’s press secretary maintains that consultation with the nominees was not the government’s headache but of the political parties which had recommended their names. As the announcement of the commission comes from the PM, one expects him to have ensured that the nominees had no objection.
The resolution by the joint parliamentary session clearly stipulates that “the composition and modalities of the commission will be settled after consultations between the leader of the house and the leader of the opposition.” There is no indication that this was done.
The mandate given to the commission leaves out important matters that should have been clarified in the Terms of Reference. It is not spelt out, for instance, if the commission would be authorised to affix responsibility for the Abbottabad fiasco. Again no time frame has been given for the completion of the investigation. To sum up, the commission seems to have been formed in haste, perhaps keeping in view the four day deadline given by the PML(N). The commission is required to ascertain “the full facts” regarding the presence of OBL in Pakistan, investigate circumstances regarding the US operation in Abbottabad, determine the nature, background and causes of lapses of the concerned authorities and make recommendations. Keeping in view the importance of the commission’s work, the government needs to take measures to remove the legal flaws, formally seek the assent of the nominees and remove the deficiencies in the ToRs.