The Supreme Court on Friday rejected the previous Pakistan Democratic Movement government’s objections to the bench hearing a set of pleas challenging the constitution of a three-judge commission set up to probe the veracity of audio leaks that had implicated politicians as well as judges of the top court and their family members.
Justice Ijazul Ahsan announced the short order, saying that the objections were “an attack on the independence of the judiciary”.
The previous coalition government had formed the commission on May 20 under Section 3 of the Pakistan Commission of Inquiry Act 2017. Led by senior puisne judge Justice Isa, the commission also comprised Balochistan High Court Chief Justice Naeem Akhtar Afghan and Islamabad High Court Chief Justice Aamer Farooq.
On May 26, the top court had restrained the panel from going ahead with its task. The verdict was issued by the five-member bench hearing the case.
The order was passed on a set of petitions moved by Supreme Court Bar Association President Abid Shahid Zuberi, SCBA Secretary Muqtedir Akhtar Shabbir, PTI Chairman Imran Khan and Advocate Riaz Hanif Rahi seeking to declare the constitution of the audio commission illegal.
Subsequently, the government-appointed commission decided to put its proceedings on hold until the SC decided the petitions.
However, the PDM government sought the reconstitution of the five-member bench — led by Chief Justice of Pakistan Umar Ata Bandial and comprising Justice Ahsan, Justice Munib Akhtar, Justice Syed Hasan Azhar Rizvi and Justice Shahid Waheed –— hearing the pleas against the formation of the commission.
In its application, the PDM government had asked CJP Bandial, Justice Ahsan, and Justice Akhtar to distance themselves from the bench since “rules of natural justice” demanded that the “adjudicator should be impartial”.
In addition to the objection raised about the presence of the CJP on the bench, the application had also pointed out that some of the audio leaks also concerned two other members, Justice Akhtar and Justice Ahsan.
