Apex court lawyers on Thursday were divided over Pakistan Muslim League-Nawaz demand to form judicial commission for fixing responsibility of intelligence lapses amid breach of Pakistan sovereignty by American forces in Abbottabad on May 2 midnight operation against Osama Bin Laden.
Some argued that the Supreme Court was already facing huge backlog whereas others maintained that the judicial commission should engage retired army, air force and foreign office experts as well as a number of opposition and treasury bench members under the chairmanship of Chief Justice of Pakistan representing a cross section of society.
While talking to media, Supreme Court Bar Association (SCBA) President Asma Jahangir paid tribute to PML-N Chief Mian Nawaz Sharif on his demand for judicial commission formation. She said that there must be a high level commission but it must comprise of politicians, adding that she did not consider it appropriate for the court to indulge in political affairs.
Constitutional lawyer and retired Justice Tariq Mehmood stated, "Investigative commission must be formed in order to disclose those facts which were confusing the nation over OBL killing and breaching Pakistan's sovereignty by American forces but judicial commission comprising of all high court chief justices doesn't make sense because their participation as commission members would delay judicial delivery".
He added that a judicial commission under the chairmanship of Chief Justice of Pakistan could be constituted where retired army, air force and foreign office officials and two members from treasury as well as opposition benches, with technical understanding on global, regional and local laws should assist the Chief Justice to work on a list of comprehensive recommendations for government. Supporting PML-N chief stand for judicial commission, Pakistan Tehrik-e-Insaf (PTI) leader and senior advocate of Supreme Court Hamid Khan maintained that apex court was the sole credible institution in the country so Mian Nawaz Sharif's demand for judicial commission on the Abbottabad happenings was absolutely correct.
Former vice president of SCBA, Muhammad Ikram Chaudhry filed a constitution petition two days before with a prayer to try high ups of the country including the President, the Prime Minister, the Army Chief, the Air Chief and Director General (DG) Inter Services Intelligence and others for high treason, conspiracy and criminal negligence concerning Pakistan's sovereignty as well as the life and liberty of its citizens. When contacted by this correspondent he stated that Judicial commission was the need of the hour through which responsibility could be fixed and delinquents punished to ensure safety, security and sovereignty of Pakistan.
Barrister Zafar ullah Khan said, "Supreme Court lacks time due to backlog of several cases and the composition of such a commission could result in wasting time of clients and others so let the right people do the right job - Parliament in a joint session".
President PML-N lawyer from Punjab/advocate Supreme Court as well as member national assembly Chaudhry Naseer Ahmad Bhutta said, "What Mian Nawaz Sharif expressed in the briefing is very encouraging for the entire nation and people have taken it for granted that Sharif has become a ray of hope". He added that All Parties Conference could be called if present government refuses to establish a judicial commission on the issue.
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