An application filed in Supreme Court (SC) on Monday challenges the formation of a Judicial Commission to investigate the Memogate scandal, arguing that every judge of the High Court has to seek leave of absence constitutionally and the Chief Justice of Balochistan High Court cannot sit in Islamabad unless he obtains the required leave to meet the basic norms of law.
The SC has formed a Judicial Commission headed by Justice Qazi Faiz Eesa of Balochistan High Court (BHC). The other two members of the Commission are SHC CJ Justice Mushir Alam and Islamabad High Court Chief Justice, Justice Iqbal Hameedur Rehman whereas District and Session Judge Islamabad has been given the responsibility to act as secretary of the Commission.
Shahid Orakzai, the petitioner, has argued that the December 30 verdict has overlooked some important provisions of the Constitution, adding that due to some unwitting violations the order may be viewed or labelled as unconstitutional and illegal.
The petitioner has further argued that under the Constitution of Pakistan the SC does not have the power to put a financial burden on any province or make them share the costs of a Commission. The SC is expected to take prior (financial) approval from the President before it incurs any expenditure from the Federal Consolidated Fund and Public Account, according to the petitioner.