Friday May 26, 2023
ISLAMABAD: The government on Friday objected to the inclusion of Chief Justice of Pakistan (CJP) Umar Ata Bandial in a five-member bench constituted to hear pleas challenging the formation of a judicial commission to probe audio leaks related to the judiciary.
The court had appointed CJP Bandial a day earlier to hear the pleas filed under Article 184(3) of the Constitution.
Those who have challenged the petitions include Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan, Muqtedir Akhtar Shabbir, Advocate Riaz Hanif and Supreme Court Bar President Abid Shah Zubairi.
The bench is headed by CJP Bandial and comprises Justice Ijaz Ul Ahsan, Justice Munib Akhtar, Justice Syed Hassan Azhar Rizvi and Justice Shahid Waheed.
At the start of today's hearing, Attorney General for Pakistan (AGP) Mansoor Usman Awan asked CJP Bandial to apologise, and called for a stronger response from the chief justice.
“It is requested that the Chief Justice should not be a part of this bench,” AGP Awan said.
Responding to the AGP, CJP Bandial asked if he intended to retire from the bench. “You should not interfere with our administrative authority.
The Supreme Court judge added that while he respects Awan's request, the post of chief justice is constitutional.
“I knew you would raise this objection. The judiciary is not subordinate to the government. There is a division of powers in the constitution," he noted.
"The judiciary is the protector of basic human rights. We fully respect the government,” the chief justice said to Awan.
The country's chief justice also bemoaned the government's "hasty" decision to enact legislation to regulate the chief justice's powers.
"How can the government use judges for its own motives?" CJP Bandial asked AGP.
Formation of the commission
Under Section 3 of the Pakistan Commission of Inquiry Act, 2017, the government on 20 May appointed a high-powered judicial commission headed by Chief Justice Puisneh Justice Qazi Faez Isa along with Chief Justice of Balochistan Naeem Akhtar Afghan and Islamabad. Supreme Court (IHC) CJ Aamer Farooq as members – to probe the audio leaks involving former and sitting members of the judiciary. The commission was tasked with completing the investigation within 30 days.
Among the numerous audio leaks, the commission is also probing the veracity of alleged calls between former Punjab Chief Minister Chaudhry Parvez Elahi and a Supreme Court judge, as well as another call between CM Elahi and a Supreme Court lawyer regarding the constitution of the Supreme Court bench.
Subsequently, the PTI chief questioned the government over the "deliberate omission" of the terms of reference (TOR) and challenged the formation of a three-member judicial commission on audio leaks.
Babar Awan, Khan's lawyer and party leader, filed a plea on his behalf and asked the court to declare the notification null and void.
Similarly, Zubairi also urged the Audio Leaks Commission to invite him to appear before the panel in connection with the investigation.
Law Minister Azam Nazeer Tarar had earlier said that the government did not consult CJP Bandial before forming the commission.
The judicial panel was set up in the wake of widespread controversial audio leaks that raised "serious concerns about the independence, impartiality and integrity of Chief Justices/High Court Judges in the administration of justice".
Meanwhile, the commission has also summoned four persons associated with the alleged audios, including Zubairi, advocate Khawaja Tariq Rahim, journalist Abdul Qayyum Siddiqui and son of former CJP Saqib Nisar, now Najam Saqib.
Earlier this week, the Justice Isa-led commission announced that the progress of its investigation would be made public as the first hearing was held earlier this week on Monday at Courtroom Number 7 of the Supreme Court.
