LAHORE - MIAN DAWOOD - The judges have opposed the formation of Judicial Commissions over the issues of national importance on the request of the sitting governments, TheNation has learnt.

The judges resisted the move after continuous refusal by provincial and federal governments on the implementation of many judicial inquiries.

“Some judges of the Lahore High Court  are perturbed by govt apathy and the concerns will be raised at the National Judicial Policy Making Committee (NJPMC) meeting, scheduled to be held on April 27 at Karachi,” a reliable officer privy to the development said.

“The recommendations against the formation of judicial commissions on the governments’ request will be made at NJPMC,” LHC Registrar Sohail Nasir confirmed the development.

It may be noted here that many judicial inquires especially on devastating  floods have been conducted by the judges of High Courts and Supreme Court but neither any provincial government nor the federal government implemented its recommendations. The non-implementation on judicial commission’s recommendations indicate that PPP, PML-N and other political parties have consensus on one point agenda – to throw in dustbin the judicial orders or recommendations.

“Firstly, the judges do not want to conduct hearing as the commission. And, if the judicial commission’s formation is much important then its recommendations should be followed in letter and spirit by the governments,” the official, who also drafted some reservations for NJPMC, said.

“It is the wastage of any judge’s precious time if the governments do not implement the recommendation of any judicial commission. That time should be spent on hearing of the cases of poor masses who come to the courts from remote areas of the provinces for the sake of justice,” the official said.

Referring to formation of judicial commissions on 2010 floods, terrorists attack on Sri Lankan Cricket team and deaths at Punjab Institute of Cardiology (PIC), the official regretted that the governments used it as an immediate trick and put the ball in judiciary’s court to save their face.  In order to decrease the public pressure and criticism on any public issue, he said the government immediately asked the court to hold judicial inquiry and then refused to implement its recommendations in letter and spirits. “The judges are not to pull out any political parity from any crises,” the official said.

“The judges think the non-implementation on judicial commission’s recommendations as mockery of the judiciary,” he said, adding that the judiciary was taking seriously this contemptuous style of governments.

The official questioned: “What is the need of judicial inquiry if its report is put on the table of a section officer?”

He said that some judges would recommend during NJPMC meeting on April 27 for amendment in the Constitution of Pakistan that allows the governments to ask the judiciary for probe into national issues. Otherwise, some other ways would be found out in to address these concerns, the official added.

“If governments want continuity in formation of judicial commissions, their recommendations should be fully followed,” the official was of the opinion.

The meeting of National Judicial Policy Making Committee will be chaired by Chief Justice of Pakistan Iftikhar Muhammad Chaudhry to review the progress of courts and the problems in judicial system. The CJs of five High Courts will also attend the meeting.

Conversely, some constitutional experts believe that if the judiciary refuses to accept the executive’s request for conducting judicial probe into a criminal, civil or an public and national issue, then the relevant law will required to be amended. The experts are of the view that through any modified legislation, the executive can be restrained from referring a dispute or matter to the judiciary for inquiry. If it happens, naturally no forum from the level of a judicial magistrate up to the superior judiciary will be available for the government for inquiry. Hence the scope of judicial inquiry will be largely squeezed, they added.