Fourteen hours after the journalists began their protest and sit-in on Constitution Avenue, Prime Minister Yousaf Raza Gilani morning formed a five-member judicial commission early on Thursday, headed by Supreme Court judge Justice Saqib Nisar, to investigate the murder of journalist Saleem Shahzad, once again bypassing the chief justice of Pakistan (CJP) and triggering a controversy along the lines of the Abbottabad commission suggesting that the government was not sincere in investigations into matters involving security agencies.
Just a few hours after the commission was notified, Justice Nisar told reporters that he had not been consulted by the government prior to his nomination to head the commission. He said according to the rules, the government had to seek permission from the CJP before nominating a judge as head of a commission, as it was the top judge’s discretion to appoint any judge to head a commission. He said he would be available to head the commission only after the CJP’s approval.
Naming a judge to head the commission while bypassing the CJP looks to be another bid by the government to delay the probe the way it had created a controversy by appointing a commission to probe the May 2 Abbottabad incident. It clearly indicates that the government deliberately makes all judicial commissions, which are constituted to probe matters related to security agencies, controversial to hush up the matters concerning them.
Reacting to this decision of the government, SCBA President Asma Jahangir told Pakistan Today that the government had adopted an “inappropriate method” to name a serving judge of the apex court to head the commission without seeking approval from the CJP. “The government says that there is no law which binds it to seek the approval of the chief justice. But this is a judicial tradition to seek permission from the chief justice and let me tell you that the judicial traditions are not a part of the law but have the same importance,” she said.
Asma recalled that Justice Nasir Aslam Zahid was appointed in 1996 to head the commission for probe into the murder of Murtaza Bhutto after consultation with the CJP of the time and consent of the judge as well. “This was a must under the law and even an apex court judgement was available on this issue. Actually, the government refers to the 1966 Inquiry Act while pressing for its decisions but my point is that in the 1960s, there was no judicial independence as enjoyed by the judiciary today,” she added.
Perceiving that the government was not sincere, the Pakistan Federal Union of Journalists (PFUJ) decided to file a petition in the Supreme Court, asking the CJP to nominate a judge to head the commission. “Asma Jehangir and Munir Malik will file the petition,” PFUJ President Pervez Shaukat told Pakistan Today. A TV channel reported late on Thursday that a SC bench headed by the CJP would take up the petition today (Friday). Commenting on the formation of the commission, Raja Riaz, senior executive of the PFUJ, said initially the government was reluctant to form a judicial commission and when it did, Federal Shariat Court Chief Justice Agha Rafique had been appointed its head.
“When the journalists staged a sit-in and launched their protest, the government bypassed the procedure and formed a controversial commission with the intention that it not function,” he said. The announcement of the formation of the commission was made by Information Minister Dr Firdous Ashiq Awan at around 4am and the journalists called off their protest and ended the sit-in. Later, a notification for appointment of the commission was issued stating that Justice Nisar would head the commission, subject to his acceptance of the appointment.
Other members of the commission were Justice Agha Rafique, the Punjab AIG (Investigation) and the Islamabad DIG. According to the terms of reference (ToRs) of the commission, it would probe into the background and circumstances of the abduction and subsequent murder of Saleem Shahzad, and would also identify the culprits of the acts. The commission would also recommend measures to prevent recurrence of such gruesome incidents against journalists in future.
The commission would commence inquiry immediately at a place fixed by it and submit its report, findings and recommendations within six weeks.
Government sweeps another probe under the carpet
