Balochistan High Court (BHC) Chief Justice Jamal Khan Mandokhail expressed “strong displeasure” over the constitution of a judicial commission to look into the death of former senator Usman Kakar without consultation. He asked the provincial government to withdraw its nominations. As per sources, a letter has been sent by the BHC to the government which states the chief justice’s displeasure and says that it was highly improper of the government to take such measures.
The government of Chief Minister Jam Kamal has set up a two-member judicial commission to investigate the death of the PkMAP leader under controversial circumstances.
The home department had sent a letter to the registrar of the BHC, nominating Justice Naeem Akhtar Afghan and Justice Zaheeruddin Kakar as members of the commission.
Sources in the provincial government, while referring to a written communication from the BHC registrar to the chief secretary, said, “While the provincial government can establish a tribunal, commission or committee of inquiry to conduct a 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 judges by the provincial government to investigate the case without consulting the BHC CJ “improper”, the government was asked to withdraw the names and request the BHC CJ to nominate members of the commission for an inquiry.