- The government objects to the SC bench hearing the complaints against the Audio Leaks Commission.
ISLAMABAD: The federal government has filed a plea alleging a “conflict of interest” against three members of the larger bench formed by Chief Justice of Pakistan Umar Atta Bandial to hear petitions regarding the inquiry commission investigating audio leaks involving judges.
In the plea bench filed today, the government has requested the formation of a new bench to hear the petitions against the high-powered commission chaired by Justice Qazi Faez Isa. The petition appeals to Chief Justice Umar Atta Bandial, Justice Ijazul Ahsan, and Justice Munib Akhtar to recuse themselves from the five-member bench.
The plea highlights that the objection raised by the Attorney General for Pakistan (AGP) Mansoor Usman Awan against the chief justice’s presence in a hearing on May 25 was not accepted. The federal government argues that due to one of the leaked audios involving a family member of the Chief Justice, it is against judicial decisions and the code of conduct for a judge to preside over matters concerning their relatives.
The petition also cites the recusal of former Chief Justice Iftikhar Chaudhary in the Arsalan Iftikhar case as a precedent. Furthermore, it mentions that the alleged audio leaks also involve Justice Ahsan and Justice Munib. Pervaiz Elahi’s audio mentions Justice Ahsan, while the audio between two women references Justice Munib, providing reasons for the recusal of these two judges.
A high-powered judicial commission consisting of the Chief Justice, Justice Naeem Akhtar Afghan, and Justice Aamer Farooq was established on May 20 to investigate the audio leaks related to the judiciary. The commission was given 30 days to complete the inquiry.
In response to the formation of the commission, Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan questioned the government’s omission of the terms of reference (TORs) and challenged the composition of the three-member judicial commission. Pleas were filed by Babar Awan, the lawyer for the PTI chief, and Supreme Court Bar Association (SCBA) President Abid Zubairi, challenging the commission’s constitution and summoning orders.
The Supreme Court stayed the proceedings of the commission and suspended the federal government’s notification of its constitution following these petitions. A five-member bench of the Supreme Court, led by Chief Justice Umar Ata Bandial, issued the order.
The commission’s mandate includes investigating various audio leaks, such as calls between the former Punjab chief minister and an advocate regarding case manipulation, a call between the former chief minister and a sitting apex court judge, a call between former Chief Justice Saqib Nisar and a senior lawyer, a call between a lawyer and a journalist regarding case outcomes, a call between former Prime Minister Khan and a party colleague discussing their connections in the apex court, and a call involving the mother-in-law of CJP Umar Ata Bandial and the wife of a lawyer regarding Supreme Court cases and an unconstitutional rule. Additionally, an audio involving ex-CJP Nisar’s son Najam Saqib and his friend mentioning his father’s political role will be probed.
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