CJP Umar Ata Bandial to hear PM Shehbaz request on Imran Khan attempt.
PM Shehbaz requested (CJP) Justice Bandial to call a full-court committee to investigate the attack on the previous prime minister in order to eliminate the “chaos and depravity.” He said he will write to the chief justice to request that a full court be established as soon as possible.
Prime Minister Demanded
During a news conference in Lahore, the prime minister demanded that a judicial probe be carried out in order to uncover the truth and warned that if this plea is not heard, concerns will be raised in the future.
Reliable sources with knowledge of the development confirmed to The News on Sunday that Justice Bandial will discuss with other Supreme Court justices today regarding the premier’s news conference.
Monday is a busy day because the Supreme Court will hear several high-profile and important cases, including a Presidential Reference asking the Court to rule on the Reko Diq settlement agreement and a petition from the Ministry of Interior requesting the beginning of a contempt case under Article 204 of the Constitution against Khan for disobeying its order from May 25.
Sources claim that PM Shehbaz has not yet formally requested that the nation’s highest court assemble a full court to look into the Wazirabad incident. when the chief justice has received the official request from the Prime Minister’s office.
According to other information provided by the sources, the highest court is unable to spare all of its judges for the investigation into the attempted assassination of Imran Khan because of the large number of cases it is now hearing and adjudicating.
The legal community, however, maintains that the chief justice has the jurisdiction to convene a full court to investigate any subject and that the prime minister lacks the right to request that the chief justice do so.
Senior Supreme Court attorney Shah Khawar said the federal government can propose the formation of a judicial commission made up of sitting judges to investigate any topic, but it is up to Justice Bandial’s discretion and prerogative to form a committee to carry out the sought judicial inquiry.
The CJP may choose not to form a full-court commission by citing the impossibility of devoting such a large number of judges to such duties.
According to Khawar, the Supreme Court may also exercise its original jurisdiction under Article 184(3) of the Constitution by taking suo moto notice if the matter is one of public interest. Article 184(3) of the Constitution allows the federal government or the premier to file a petition with the Supreme Court that is in the public interest.
Khawar stated, “At the same time, the federal government may create an inquiry commission to look into any matter.” Whenever it thinks it appropriate to start looking into a matter of public concern.
Authority to Investigate
He asserts that the aforementioned commission of inquiry has the authority to investigate a matter utilising legal processes, during which the committee may recruit the support of every national governmental agency.
He stated that the report that the constituted commission must create and submit within 30 days may be made public by the federal government.
According to renowned Supreme Court attorney Muhammad Azhar Siddique, the premier does not have the authority or the right to suggest that a committee be formed by the entire court to investigate any issue.
He asserted that the CJP has the power to determine whether or not to constitute a full court. The cabinet may request that any commission be established by the Supreme Court in accordance with articles 90 and 91 of the Constitution.
The Pakistan Commission of Investigation Act 2017 states that the federal government is allowed to create an inquiry panel and request the nomination of a judge to serve as the commission’s chairman, but it is not allowed to request the appointment of a full court.
The federal government “may submit a public interest petition with the Supreme Court for a probe into the Memo gate fraud,” Siddique said, citing Article 184(3) of the Constitution.
