ISLAMABAD: Chief Justice of Pakistan (CJP) Umar Atta Bandial has challenged the decision to include himself in the bench hearing the petitions challenging the formation of a judicial commission to investigate audio leaks related to the judiciary. expressed a strong reaction to the government’s decision.
A day ago, Chief Justice Bandial constituted a five-member larger bench to hear four different petitions filed under Article 184(3) of the Constitution by Pakistan Tehreek-e-Insaaf Chairman Imran Khan, Muqtadir Akhtar Shabbir, Advocate Riaz Hanif and the Supreme Court Bar. was formed. According to the cause list issued by the court, the president of the association, Abid Shah Zuberi.
A bench headed by Chief Justice Bandial comprising Justice Ijaz Ul Ahsan, Justice Muneeb Akhtar, Justice Syed Hasan Azhar Rizvi and Justice Shahid Waheed is hearing the petitions.
At the start of the hearing, Attorney General for Pakistan Mansoor Usman Awan pleaded with the Chief Justice to recuse himself from the case and leave the matter to the next senior judge.
AGP Awan said, “It is requested that the Chief Justice not be part of this bench.”
Responding to the AGP, Chief Justice Bandial asked if he meant to leave the bench. “You must not interfere with our administrative powers.”
The Supreme Court judge added that he respects Awan’s request, adding that the post of Chief Justice is constitutional.
“I knew you would raise this objection. Judiciary is not subordinate to the government. He said that there is separation of powers in the constitution.
Judiciary is the guardian of fundamental human rights. We have full respect for the government, the Chief Justice said while addressing Awan.
The country’s top judge also lamented the government’s “hasty” decision to legislate to regulate the chief justice’s powers. “How can the government use judges for its purposes,” he asked the AGP.
Chief Justice Bandial also questioned the formation of the judicial panel without his consultation. He said that there is no mention of consultation with the Chief Justice in the Commission of Inquiry Act 1956, it is usual for the Chief Justice to nominate a judge for the commission.
Three such notifications were earlier withdrawn when the Chief Justice was not contacted. There are five decisions of the Supreme Court in this regard,” said the Chief Justice.
The Chief Justice asked the AGP to advise the government to act in accordance with the spirit of the Constitution.
Responding to the Chief Justice’s remarks, Awan said, “The Pakistan Commission of Inquiry Act, 2017 does not call for consultation.
“On this, the Chief Justice remarked that an attempt was made to create a rift among the judges. “The government also included bail and family matters in the commission.”
“This matter can be resolved,” the AGP said.
The Chief Justice replied to Awan and said that first resolve the matter and then the court will help him.
The top judge also warned the government against interfering in Supreme Court matters.
“Dear Attorney General, we respect you and your client – the government. Respect the institutions, including the judiciary.
He added that the events of May 9 helped stop the rhetoric against the judiciary. The federal government solves the issues according to the constitution, so why do we object?
He advised the Attorney General and said that if you want to fight, then the Attorney General should be ready.
Shoaib Shaheen, lawyer of Zubiri, said that phone tapping is an illegal act. “The inquiry commission’s code does not say who tapped the phone.”
Shaheen said that the government is giving the impression that phone tapping is legal.
“The government should admit that one of our agencies did the phone tapping,” he added.
The Chief Justice remarked that there is a case of former Prime Minister Benazir Bhutto’s government regarding phone tapping.
Rules have also been set in the Justice Qazi Faiz Isa case. Who will determine which judge violated the code of conduct? asked the Chief Justice.
Shaheen said that the authority under Article 209 belongs to the Supreme Judicial Council. He said that the authority of the Judicial Council was given to the Inquiry Commission.
Meanwhile, Justice Akhtar remarked that it is illegal to tap phone conversations. It is also against human dignity under Article 14. There is also a question of independence of the judiciary in this matter.
Justice Akhtar also said that the government has tried to influence the power sharing structure. He questioned how the government could go against serving judges.
How can inquiry commission determine the conduct of judges? he asked.
Chief Justice Bandial said that the government seems to have done everything in haste.
Justice Akhtar said that a senior judge has been given the task of reviewing the conduct of judges.
“Proceedings cannot be taken in the Supreme Judicial Council on the basis of the commission of inquiry,” the AGP said, clarifying that it is an independent forum.
Justice Akhtar remarked that the government has apparently affected the constitutional structure of separation of powers.
Chief Justice Bandial questioned the role of the Pakistan Electronic Media Regulatory Authority (PEMRA) when television channels aired the alleged audio.
Justice Akhtar said that the cabinet minister continued to hold press conferences on the alleged audios.
AGP Awan said he would present his arguments regarding the distribution of powers, as this was the first hearing of the matter.
Justice Akhtar commented that “the government has no right to investigate the judge whether he has committed misconduct or not”.
The AGP added that the inquiry commission’s rules of procedure are broad enough to assess whether the alleged audios are legitimate or not.
Chief Justice Bandial said that the formation of the inquiry commission is in conflict with Article 209 and the powers of the judiciary.
The chief justice said that the work which should have been done by the investigating agencies has been entrusted to a judge.
“Handing over the matter to an agency can create problems,” Awan said.
The country’s top judge said that the judiciary cannot ignore the decisions made in the last 33 years regarding its independence. Chief Justice Bandial said that we have moral authority.
He further said that the judiciary has no weapon and no function in public.
Supreme Court adjourned hearing, short order to be pronounced later.
Composition of the Commission
Under Section 3 of the Pakistan Commission of Inquiry Act 2017, the government on May 20 appointed a high-powered judicial commission headed by senior Supreme Court judge Justice Qazi Faiz Isa along with Balochistan High Court Chief Justice Naeem Akhtar Afghan and Islamabad. . Chief Justice of the High Court (IHC) Aamir Farooq as a member – to investigate the audio leaks of former and present members of the judiciary. The commission has been tasked to complete the inquiry within 30 days.
In several audio leaks, the commission is probing alleged calls between former Punjab Chief Minister Chaudhry Pervez Elahi and a sitting judge of the Supreme Court, as well as another call between CM Elahi and a Supreme Court lawyer. Supreme Court Bench.
Subsequently, Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan questioned the government for “deliberate omission” of the Terms of Reference (TORs) and challenged the formation of a three-member judicial commission on audio leaks.
PTI chief’s lawyer and party leader Babar Awan had filed a petition on his behalf, requesting the court to quash the notification of formation of the commission.
Similarly, Zuberi had also challenged the summoning of the Audio Leaks Commission, directing it to appear before the panel in connection with the inquiry.
Prime Minister Nazir Tarar had earlier said that the government did not consult Chief Justice Bandial before forming the commission.
The judicial panel was constituted in the wake of the widely circulated controversial audio leaks that “raised serious concerns about the independence, impartiality and integrity of the Chief Justices/Judges of the High Courts in the administration of justice”.
Meanwhile, the commission has also summoned four persons related to the alleged audios today, including Zubari, advocate Khawaja Tariq Rahim, journalist Abdul Qayyum Siddiqui and Najam Saqib, son of former Chief Justice Saqib Nisar.
Earlier this week, the commission headed by Justice Isa announced that its inquiry proceedings would be made public as it held its first hearing in Courtroom No. 7 of the Supreme Court on Monday earlier this week.
