ISLAMABAD: Chief Justice of Pakistan (CJP) Umar Ata Bandial on Wednesday adjourned the proceedings in the case till next week as the government-constituted judicial inquiry commission led by Justice Qazi Faez Isa — probing the veracity of recent audio leaks — raised objections to the five-judge bench hearing the pleas against its formation.
The 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 comprises chief justice Balochistan High Court Naeem Akhtar Afghan and chief justice Islamabad High Court Aamer Farooq.
Last week, the top court, while hearing a set of four petitions against the appointment of the commission, restrained the panel from going ahead with its task. The verdict was issued by a five-member bench comprising CJP Bandial, Justice Ijazul Ahsan, Justice Syed Hasan Azhar Rizvi, Justice Munib Akhtar and Justice Shahid Waheed.
A day earlier, the government had filed an appeal in the top court seeking the reconstitution of the five-member bench hearing the case. The government 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”.
At the outset of today’s hearing, Advocate Riaz Hanif Rahi — who is also one of the petitioners in the case — said he wanted to file a contempt of court petition.
“We have read in newspapers that other petitions have also been filed,” the CJP said. “We will include them in the case.”
Justice Bandial also said that the court would first hear Attorney General for Pakistan’s arguments against the five-judge bench.
At one point, Advocate Shoaib Shaheen — the lawyer for Supreme Court Bar Association (SCBA) President, Abid Shahid Zuberi — came to rostrum and said that the association had always defended the apex court in talk shows.
“But the judicial commission in its order said that we speak against the judiciary during talk shows,” he said. “Justice Qazi Faez Isa also said that I appear in talk shows … but we only go to defend the court.
“Whatever is said outside the SC is in front of everyone,” he further stated and drew the court’s attention towards the “kind of things being said at your door”.
At that, Justice Bandial interjected. “We will listen to everything you say when you are presenting your arguments,” he said. The top judge went on to say that the case would be taken up any day next week and adjourned the hearing.
