ISLAMABAD: The Supreme Court on Friday reserved the judgment after Chief Justice of Pakistan Umar Ata Bandial observed that only the chief justice had the powers to nominate a Supreme Court (SC) judge for inquiry commissions.
The Attorney General for Pakistan (AGP) had opposed formation of the larger bench hearing pleas against Isa-led audio leaks body. A five-member larger bench comprising CJP Bandial, Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Syed Hasan Azhar Rizvi and Justice Shahid Waheed heard the petitions filed against the formation of the judicial inquiry commission to probe into the audio leaks involving the superior judiciary.
Those who have challenged the petitions included Pakistan Tehreek-e-Insaf chief Imran Khan, Muqtedir Akhtar Shabbir, Supreme Court Bar Association President Abid Shah Zubairi, and Advocate Riaz Hanif.
Last week, the federal government had announced 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-member judicial commission led by SC senior puisne judge Justice Qazi Faez Isa and Balochistan High Court Chief Justice Naeem Akhtar Afghan and Islamabad High Court Chief Justice Aamer Farooq has already started proceedings into the probe.
However, Supreme Court Bar Association (SCBA) President Abid Zuberi challenged the formation of the commission through a petition in the top court, 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 today.
At the outset of the Friday’s hearing, the AGP raised objections over the bench. AGP Awan requested that the top judge should not be a part of this bench. Responding to his request, the chief justice asked if he meant for him to leave the bench. In his stronger reaction, the top judge asked AGP not to interfere with the court’s administrative authority.
The CJP added that he respects Awan’s request but the post of the chief justice was constitutional. “I knew you would raise this objection. The judiciary is not subservient to the government. There is a division of authority in the Constitution,” he remarked. The top judge maintaned that the judiciary was the saviour of basic human rights. The judges fully respected the government.
The bench is likely to issue a short order on the issue today.
