QUETTA, (TLTP): The chief justice of the Balochistan High Court (BHC) has expressed ‘strong displeasure’ over the constitution of a judicial inquiry into the death of former senator without consulting him, on grounds of violating the principle of independence of judiciary and provisions of the Balochistan Tribunals of Inquiry Ordinance (BTIO) 1965.
Two days ago, the government of Balochistan decided to form a judicial commission to probe into the death of former senator Usman Khan Kakar who passed away on June 21,2021. The provincial government has nominated two sitting judges of the Balochistan High Court for judicial inquiry into the death of Usman Khan Kakar.
Responding to the government in the matter, the registrar high court said that Chief Justice of the Balochistan High Court has expressed “strong displeasure” over the constitution of a judicial bench and nomination of judges to inquire into the death of Usman Kakar without holding prior consultations with him and termed it ‘improper’.
According to sources, while referring to a written communication from the Registrar BHC to the Chief Secretary, said, “While the provincial government can establish a tribunal, commission or committee of inquiry to conduct probe into an issue of public importance but when it desires the investigation through Hon’ble judges of the High Court or judges of the district judiciary, the government requests the Hon’ble chief justice to recommend the judges, because the judiciary is independent as provided by the Article 175 of Constitution of Pakistan.” Following the request, the sources said, “the Hon’ble Chief Justice recommends the names which are subsequently notified by the government.”
Terming the nomination of Hon’ble judges by the provincial government to investigate the case without consulting the Hon’ble Chief Justice as ‘improper’, the government was asked to withdraw the names and request the Hon’ble Chief Justice to nominate members of the commission for an inquiry and nominate them.
The writer heads a leading news wire service ‘The Law Today Pakistan’ commonly known as TLTP. He has a special focus on news relating to superior courts adjudication, access to right of information, civil, political, social and economic rights under the approach that existing cyber regime realization ensures procedural fairness in administrative law. He can be reached at email@example.com