The written order of the first hearing of the Supreme Court is issued

On the letter of 6 judges of the Islamabad High Court, the written order of the first hearing of the Supreme Court on the self-notice case was issued.

According to the written decree, what is the response of the judiciary as an institution on the issue? The Supreme Court sought suggestions from the Pakistan Bar, the Supreme Court Bar and the Federation.

Justice Athar Minullah disagreed with the 12 paragraphs of the decree. He says that he could not convince himself to agree to paragraphs 1 to 12.

According to the decree, Justice Athar Minullah said that the question of whether the Prime Minister can be summoned or not is yet to be considered by the Full Court. To be determined.

Justice Athar Minullah said that it is not appropriate to give an opinion on the questions that are before the court, the letter of the High Court judges shows that they have been raising the matter at every relevant forum, despite the seriousness of the matter, the institution has not given a response.

He said that the High Court judges did what the judge is bound to do according to the oath, there is no reason to doubt the 6 judges of the High Court, the High Court judges have sworn to uphold the Constitution.

According to the ruling, Justice Athar Minullah said that interference in cases with political implications cannot be denied, the court itself has accepted this in the Zulfiqar Ali Bhutto reference, the Asghar Khan case is enough to see the extent of the interference.

Justice Yahya Afridi’s note

Justice Yahya Afridi said in an additional note that the High Courts are independent courts under the Constitution, Article 184/3 should not be used on the independence of the High Courts. The independence of justices may be harmed.

Justice Yahya Afridi said that the matters raised in the letter of the 6 judges should be seen in the code of conduct of the Supreme Judicial Council, I recuse myself from the bench on a suo motu note.

Justice Athar Minullah’s Additional Note in Judges Letter Order

In an additional note, Justice Athar Minullah wrote that the 6 High Court judges who wrote the letter are whistleblowers. , the administration is in the dock and the bar of proof is also on the administration.

The arguments of the Attorney General are also included in the written order

During the hearing, the arguments of the Attorney General were also included in the written order.

According to the written order, the Attorney General said that the immediate response and determination of the Prime Minister is a practical measure to ensure the independence of the judiciary. Jilani accepted the chairmanship after consulting the Law Minister, later former Chief Justice Tasadeq Jilani wrote a resignation letter from the commission.

According to the Attorney General, the Law Minister visited the house of Tasadeq Jilani, the Attorney General said that the proposed TORs of the Commission of Inquiry were provided to Tasadeq Jilani.

It has been said in the decree that, unfortunately, a bad campaign was launched on social media against Tasadeq Hussain Jilani, considering the seriousness of the matter, it was decided to meet the Prime Minister.

According to the decree, in the full court meeting, immunity was referred to the Prime Minister under Article 248, it was told that the Prime Minister or the Law Minister cannot be summoned under Article 248.

According to the written order, the Attorney General said that the judges’ letter did not mention any incident during the tenure of the current Chief Justice of Pakistan.

The Attorney General gave arguments and said that when the Chief Justice of Pakistan was a judge, he was also threatened with death. The person was charged with contempt of court, the Supreme Court took no further action.