Justice Qazi Faiz Isa on Saturday stayed the work of the high-powered Audio Leaks Commission set up by the federal government. However, he questioned the Supreme Court’s stay on the commission’s inquiry.
The commission, comprising Islamabad High Court Chief Justice Aamir Farooq and Balochistan High Court Chief Justice Naeem Akhtar Afghan, held its first hearing on May 22, announcing that its inquiry proceedings would be made public.
However, a five-member bench of the Supreme Court headed by Chief Justice Umar Atta Bandial, Justice Ijaz-ul-Ahsan, Justice Muneeb Akhtar, Justice Syed Hasan Azhar Rizvi and Justice Shahid Waheed issued an order to stop the proceedings of the commission.
The decision was filed by Supreme Court Bar Association (SCBA) President Abid Shahid Zuberi, SCBA Secretary Muqtadir Akhtar Shabbir, Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan and Advocate Riaz Hanif Rahi. came up with a set of petitions calling for the formation of a commission. be declared illegal.
Today’s proceedings
At the beginning of the hearing, Attorney General for Pakistan (AGP) Mansoor Usman Awan appeared before the commission and read out the order of the Supreme Court before the bench.
After hearing the order, Justice Isa said that according to the rules of the Supreme Court, the decision is taken after hearing the parties.
He further said that a copy of the order should be provided to the commission.
He also inquired whether the Supreme Court had issued any order regarding the Commission of Inquiry and remarked that I too had little knowledge of the Constitution.
The commission was a party to the case, why was it not heard? he asked.
The Supreme Court judge then asked the AGP what he was doing in the courtroom yesterday.
“Were you given notice [to appear in court] or were you just sitting there?” he asked.
The AGP replied that he was told verbally to appear in the court.
He said that a notice was issued to me after the hearing.
Justice Isa remarked that the commission was not informed before the hearing.
“So how was it prevented from working?”
Turning to the AGP, he asked: “Why didn’t you tell the court yesterday that we have already resolved their objections?
“I’m surprised you didn’t dismiss those points.”
Privacy concerns
Further, commenting on one of the key issues raised in the petitions filed in the Supreme Court yesterday, observed that privacy always belongs to the home.
“No one can look into someone’s house. However, there are CCTV cameras on the streets, are they also against privacy?” he asked.
He said that the commission is not doing anything that can be considered as a violation of anyone’s privacy.
He remarked that notice has also been issued to Zuberi in the audio leaks investigation and PTI’s lawyer Shoaib Shaheen did not even bother to appear before the commission.
Justice Isa remarked that Shoaib Shaheen is a lawyer, he always speaks on TV, adding that according to the rules, a lawyer cannot talk to the media about his case.
Shoaib Shaheen comes on TV every day and violates the Lawyers Practice and Procedure Act but has come to teach us the law. No problem, teach us; We learn the law every day.
“Shoaib Shaheen gave media speeches [defending his case], but did not bother to come here. Didn’t they have to appear in court and tell what was ordered yesterday? he asked.
He added that another person who was issued a notice to appear in court had sent an application seeking forgiveness.
The Supreme Court judge remarked that another party has said that he is in Lahore for a medical check-up.
He asked us to take their statements when the commission goes to Lahore, the justice said, referring to his earlier announcement that when the commission meets in the Supreme Court, he may go to Lahore to take the statements of the elderly women involved.
He then called Abdul Qayyum Siddiqui – the only one of the four to appear in court – to the rostrum.
He said that some parties may not have any objection to the commission’s actions.
Justice Isa then turned to another point mentioned in the Supreme Court’s order and asked the AGP what Twitter was.
AGP replied: “It’s a software. I don’t know about a hacker. Maybe, someone from the media does.”
Defending the commission, he said it should at least determine who was releasing the audio and whether they were genuine or not.
“Perhaps the audio was leaked by people in them. If there is an investigation, all this will be known.
He further said that there is talk of giving money to the judge, but the investigation has been stopped.
Authority of high courts
Another point of discussion in today’s hearing was the Supreme Court’s declaration yesterday that “the subject matter of the reference is beyond any particular High Court.”
“High courts are not subordinate to the Supreme Court,” Justice Isa observed in the matter, adding that the Supreme Court cannot supervise the High Courts.
Justice Isa said that the decision of the Supreme Court applies to the subordinate judiciary and the executive but not to the Supreme Court.
He said that federalism was discussed in the order of the 5-member bench.
He added: “The Supreme Court overturned several decisions of the High Courts. Apparently, the federal system has been destroyed.
Commission stayed
Justice Isa then directed the AGP to read the judge’s oath.
He said that it is written in the oath that I will fulfill my responsibilities according to the constitution and law.
“This commission of inquiry has been created under a law – the Commission of Inquiry Act,” he said, further remarking that people have to do certain things in life which they don’t like.
Adding that the judges found nothing to warrant such a “painful inquiry”, he said: “If this commission had not been authorized under oath, I would have excused myself.”
After a thorough examination of the Supreme Court’s order, he said, “The petitioners are telling us that there is an injunction, you cannot listen to it. [So] we are not taking [any] further action.”
After that he announced to stop the proceedings of the Judicial Commission.
“We will issue today’s action order,” he said.
