ISLAMABAD: Chief Justice of Pakistan Umar Atta Bandial is likely to consider Prime Minister Shehbaz Sharif’s request for a full court to investigate the assassination of PTI chief Imran Khan.
Prime Minister Shehbaz requested Justice Bandyal to set up a full-court commission to probe the attack on the former prime minister to end “chaos and evil”. He further said that he will write a letter to the Chief Justice to make a full court soon.
During a press conference in Lahore, the Prime Minister said that if this appeal is not heard, questions will arise in the future, he emphasized that a judicial investigation is necessary to bring the truth before the people.
Sources privy to the development confirmed to JEE News on Sunday that Justice Bandyal will consult his fellow Supreme Court judges on the Prime Minister’s press today.
Monday is a busy day as the apex court will hear several high-profile and important cases, including the Home Ministry’s plea seeking contempt of court proceedings against Khan under Article 204 of the Constitution, and May 25. His order has been violated. A reference seeking the opinion of the Supreme Court on Recodek Settlement Agreement.
Sources say that Prime Minister Shehbaz Sharif has not yet formally approached the country’s highest court to form a full court to investigate the Wazirabad incident. Sources say that after the Chief Justice receives a formal request from the Prime Minister’s Office, the possibility of forming a judicial commission will be considered.
Sources further revealed that the Supreme Court could not release all the judges to investigate the assassination of Imran Khan due to the huge backlog of judgments and pending cases in the Supreme Court.
Meanwhile, the legal community believes that the Prime Minister has no authority to ask the Chief Justice to constitute a full court to investigate any case, adding that it is the Chief Justice’s prerogative to do so.
Senior Supreme Court lawyer Shah Khawar said that the federal government can request the formation of a judicial commission consisting of existing judges to investigate any case, but it is the discretion and prerogative of Justice Bandial to form a committee for judicial investigation. .
The Chief Justice is not bound to constitute a Full Court Commission, citing reasons that such a large number of judges cannot be left to such functions.
Khawar said that the federal government or the Prime Minister can file an application of public importance in the Supreme Court under Article 184(3) of the Constitution. can use If the matter is of public importance, take notice automatically.
Khawar said, “Also, the federal government, whenever it thinks fit to inquire into a matter of public importance, may, by notification in the official gazette, constitute a commission of inquiry to inquire into any matter.” “
He said that the said commission of inquiry can inquire into any matter using the powers as a judicial process where the committee can help every executive authority of the country.
He further said that the seat commission has to prepare a report to be submitted to the federal government and the federal government can make it public within 30 days.
Meanwhile, Senior Supreme Court Advocate Muhammad Azhar Siddique says that the Prime Minister has no authority and jurisdiction to recommend the creation of a commission by the Full Court to investigate a case.
He said that it is the discretion of the Chief Justice whether he constitutes a full court or not. He said that according to Article 90 and 91 of the Constitution, it is the power of the Cabinet to request the Supreme Court to form any commission.
He further said that the federal government can form a commission of inquiry as per the provisions of the Pakistan Commission of Inquiry Act 2017 and request the nomination of a judge to head the commission but cannot request a full court to head the commission. . .
“Under Article 184(3) of the Constitution, the federal government can file a public interest petition in the Supreme Court for an inquiry into the Memogate scam,” Siddique added.
