Fresh letter: Government ready to form ‘rare judicial commission’
While the street agitation of the Pakistan Tehreek-e-Insaf (PTI) is gaining momentum, the federal government has agreed to write a fresh letter to the top judge of the country regarding formulation of a ‘rare judicial commission’ in the country’s history to probe electoral rigging in the May 2013 elections, insiders told The Express Tribune.
Sources said that before restoration of the negotiations the government had shown its willingness to send a meaningful letter to the Supreme Court for the constitution of a judicial commission after mutually agreed terms and references (ToRs) between the government and the PTI.
As per the agreement, the government would promulgate an ordinance within seven days to give mandate to the newly constituted commission.
Hamid Khan, legal expert and central leader of the PTI, while talking to The Express Tribune, said “the letter which was written by the government earlier was nothing but a piece of paper. We want to see a commission through fresh legislation which could fix the problem,” adding that in the past many commissions were constituted which ended up in futility.
However, Dr Abdul Basit, a Supreme Court lawyer, opined that the constitution does not know any such judicial commission which could probe such electoral issue. Inquiry and investigation is an exclusive domain of the executive, he added.
Advocate Abid Hassan Minto maintained that term ‘judicial commission’ was incorporated in the constitution through the 18th amendment for the appointment of judges in superior judiciary.
He further said that the apex court would not decline once the government sends a detailed letter with agreed ToRs for the formulation of judicial commission.
To a question, he replied that executive can probe the matter but in trust-deficit like situation judiciary can be requested for judicial commission.
The sources also said that besides many contentious points, it was agreed on September 8 meeting’s negotiation that “the consequence of the final report from the judicial commission containing and affirmative determination of the ToRs shall be a dissolution of Nation Assembly in terms of Article 58-1 and subsequently appointment of a caretaker cabinet in accordance with the constitution in consultation with the concerned including the PTI”.
The PTI’s prepared ToRs suggest: “PTI being one of the complainants shall submit a proposed list of constituencies to be included in the sample to the JC for its consideration; provided that the JC shall select the constituencies for its inquiry in its discretion as it deems fit in the interest of justice.”
The second round of negotiations between the government and the PTI is likely to start today (Saturday).
Shah Mahmood Qureshi is to lead the PTI team while Finance Minister Ishaq Dar would be the chief negotiator from the government’s side.
The definition of rigging and impact of the final report of the proposed judicial commission are two of the many points which need more deliberation, an official source pointed out.
He also stated that the PTI had not agreed to an old-style commission because its findings has no binding effect and it is not bound to conclude its ‘advisory work’ within any timeframe.
PTI officials want to see an effective body which could make its findings public within 45 days and could fix the officials responsible for rigging.
Published in The Express Tribune, December 13th, 2014.
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