Back to the SC

After ignoring judicial procedures and claiming that these had no legal value, the government has finally requested Chief Justice Iftikhnar Chaudhry to nominate a judge to head the Abbottabad inquiry commission. Thus, the government has to blame itself for a delay of nearly three weeks in the appointment of the commission. A number of questions related to the probe body however still remain unanswered, the first and foremost being the nomination of the commission’s other members. The parliamentary resolution requires prior consultation with the leader of the opposition in the National Assembly on the matter. Senior Supreme Court lawyer Fakhruddin G Ibrahim had declined to sit on the commission because the government had failed to consult the opposition. The best way to avoid further embarrassment would be to discuss the names of the members as well as the commission’s terms of reference with the leader of the opposition. Furthermore, instead of leaving the matter open ended, it would be more proper to set a timeframe for presenting the commission’s report.

There is a need to request the CJ to also nominate a judge to head the other commission to probe Saleem Shahzad’s murder. A newspaper report tells of the federal information secretary having written to the law ministry on the subject. The government has to realise that bureaucratic delays create more problems than they resolve. The inclusion of a judge to head the probe is meant to ensure the independence of the commission. The commission would be perceived to be more independent if the opposition is also taken into confidence while constituting it.

The doctrine of the separation of powers ensures that there is no interference in the affairs of the judiciary. The government should have realised that appointing judges on commissions without taking the CJ into confidence violates the doctrine. What is more, it creates the perception that judiciary is still under the thumb of the executive, something an independent judiciary would never accept.