ISLAMABAD: The Supreme Court (SC) on Friday rejected the previous Pakistan Democratic Movement (PDM) government’s objections to the composition of the bench hearing pleas challenging the constitution of a three-member commission set up to probe the veracity of audio leaks implicating politicians as well as Supreme Court judges and their family members.
Justice Ijazul Ahsan announced the short order, saying the objections were “an attack on the independence of the judiciary”.
The previous coalition government formed the commission on 20 May under Section 3 of the Pakistan Commission of Inquiry Act, 2017. Headed by Chief Justice Justice Isa, the commission also consisted of Chief Justice of Balochistan Naeem Akhtar Afghan and Chief Justice of Islamabad High Court Aamer Farooq.
On May 28, the Supreme Court prevented the panel from proceeding with its task. The verdict was handed down by a five-member panel hearing the case.
The order was passed on a batch of petitions filed by Supreme Court Bar Association (SCBA) president Abid Shahid Zuberi, SCBA secretary Muqtedir Akhtar Shabbir, PTI chairman Imran Khan and advocate Riaz Hanif Rahi, who sought to declare the constitution of the said commission illegal.
The commission appointed by the government subsequently decided to suspend the proceedings until the petitions are decided.
However, the PDM government sought the reconstitution of a five-member bench — headed by Chief Justice of Pakistan Umar Ata Bandial and comprising Justice Ahsan, Justice Munib Akhtar, Justice Syed Hasan Azhar Rizvi and Justice Shahid Waheed — heard pleas against the formation of the commission.
In its application, the PDM government asked CJP Bandial, Justice Ahsan and Justice Akhtar to recuse themselves from the court as “rules of natural justice” demanded that “the judge be impartial”.
The suit alleged that Justice Bandial on the bench hearing a matter seeking to challenge the commission of inquiry into audio leaks involving a very close member of the CJP’s family “contributes to and raises serious concerns as to the appearance of impartiality”.
“These objections relate only to the appearance of impartiality and conflict of interest, and are therefore distinct and separate from bias, which was not and is not objected to by the complainant,” the petition states, noting that conflict of interest is also not involved for monetary or property interests.
Moreover, apart from the objection raised against the CJP’s presence on the bench, the application pointed out that the audio leaks also involved two other members, Justice Akhtar and Justice Ahsan.
One audio leak is of a conversation between petitioner Abid Zuberi and the then chief minister who was hearing the case of CCPO Ghulam Mehmood Dogar. The court hearing the case was presided over by Justice Ahsan.
Similarly, another audio leak was of a conversation between a senior lawyer’s wife and the CJP’s mother-in-law where Justice Akhtar was mentioned.
