SC Sttoped Proceeding of Audio leak commission and Suspended federal government’s notification

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ISLAMABAD: SC Sttoped Proceeding of Audio leak commission and Suspended federal government’s notification ,
In a significant development, the Supreme Court issued an order on Friday.

According to report of Express Tribune ‘ suspending the operation of the federal government’s notification regarding the constitution of a judicial panel, formed last week to investigate audio leaks that have emerged on social media over the past few months.

Additionally, the top court also prohibited the commission from conducting further proceedings.

The Reserved decision came after a five-member larger bench heard petitions filed against the government forming a judicial inquiry commission to probe into the audio leaks surrounding the superior judiciary.

Last week, the federal government had formed the judicial commission to probe into over half-a-dozen leaked audio clips allegedly involving some current and former members of the superior judiciary and their family members to determine their “veracity” and “impact on the independence of the judiciary”.

The three-man judicial commission was led by SC senior puisne judge Justice Qazi Faez Isa and comprised Balochistan High Court Chief Justice Naeem Akhtar Afghan and Islamabad High Court Chief Justice Aamer Farooq.

However, Supreme Court Bar Association (SCBA) President Abid Zuberi filed a petition in the top court against the formation of the commission, arguing that the body was in violation of articles 9, 14, 18, 19, and 25 of the Constitution.

Subsequently, Chief Justice of Pakistan Umar Ata Bandial formed a five-judge larger bench to take up petitions filed against the formation of a judicial inquiry commission probing into the audio leaks allegedly involving current and former members of the superior judiciary and their family members.

Apart from the CJP as the head, the bench included Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Syed Hasan Azhar Rizvi and Justice Shahid Waheed.

“In the circumstances, till the next date of hearing, the operation of the impugned notification No.SRO.596(I)/2023 dated  19/05/2023 issued by the Federal Government is suspended as is the order dated  22/05/2023 made by the Commission and in consequence thereof proceedings of the Commission are stayed,” a written order of the top court stated.

The issued orders stated that no judge of the apex court can be made a part of the commission without the consent of the chief justice.

The inclusion of high courts’ chief justices in any commission is also subject to the approval of the Chief Justice of Pakistan, it added.

the outset of the hearing, Attorney General of Pakistan (AGP) Mansoor Awan raised objections over the constitution of the bench. In particular, he objected to the inclusion of the CJ himself in the bench.

“I wish to bring the 6th Amendment to the court’s attention,” he said, which pertains to the retirement of chief justices of SC and high courts.

However, the court proceeded to express its dismay over the government’s decision to proceed with the nomination of judges in the commission probing the audio leaks.reported

The AGP requested CJP Bandial to recuse from the bench but he refused to do so, saying that the government did not approach the chief justice for nomination of judges for inquiry commission as there were several judgments to support these points.

“The government cannot choose judges of its liking to sit on a bench,” remarked CJ Bandial.

“It is the CJP’s domain to nominate judges for a commission,” remarked CJ Bandial, adding that “it is not necessary that the CJ includes himself in the commission and nor is the CJ bound by the wishes of the government.”

Cj SC Said, “We respect the government completely,” he stressed, but regretted that it had “rushed through laws to regulate the CJ’s powers”.