Commission on Memogate issue challenged in SC

By
Hussain
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4
133

The Commission constituted to probe into the Memogate case was challenged in Supreme Court here on Monday.
The petitioner Shahid Orakzai took the plea in his petition that the commission constituted in the Memogate case was not in conformity with the constitution and nor the court had explained the matter as to who would incur expenses of the commission.
The petitioner said that the judges nominated in the commission were part of the provincial judiciary and their salaries were paid out of provincial budget. If the expenses of the commission have to be paid out of federal budget then this commission is not authorized to receive expenses. Under the constitution, additional budget will have to be presented in National Assembly for its approval on this count. Therefore, the constitution of this commission runs counter to the constitution, he said.
He further said the chief justices of Balochistan High Court and Sindh High Court were not authorized to participate in the commission without seeking permission from the president. It was also binding on the president to appoint chief justices of high courts in the absence of these two chief justices, he said.

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4 COMMENTS

  1. One of the reason Justice Iftikhar Ch. has lost confidence is his biased approach towards Federal Govt.

    SHAHID HUSSEIN QABOOLPURIA,
    LAHORE, PAKISTAN

  3. In the first place once the parliamentary commission was appointed, the petition that enquiry should be held became anfractuous. Secondly, two commissions for a same inquiry will create confusion. Thirdly, ever since judges have been restored we have seen nobody dares to disagree on the bench headed by him. This is regimental discipline. Judges are supposed to be not only independent and impartial from the executive but from the judicature hierarchy and the military establishment also. Fourthly, COAs and ISI chief are part of the government their reply should be through the proper channel. Going by their track record there is little hope that judicial commission will act independent of the CJs mood and impartial of the so-called custodians of national security. So far the judiciary has been selectively judicious.

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