The government on Saturday set up a three-member commission to probe several audio leaks related to the judiciary.
The commission will be headed by the senior-most judge of the Supreme Court, Justice Qazi Faiz Isa, while Chief Justice of Balochistan High Court Naeem Akhtar Afghan and Chief Justice of Islamabad High Court Amir Farooq have been made members.
The commission has been directed to complete the work within 30 days.
In several audio leaks, the Commission also recorded an alleged call between former Punjab Chief Minister Chaudhry Pervez Elahi and a sitting Supreme Court judge, as well as another call between CM Elahi and a Supreme Court lawyer regarding the Supreme Court’s constitution. Will investigate. bench.
Sharing the reasons behind the formation of the committee, the Cabinet Division notification said it was a result of the recent widely circulated controversial audios on the judiciary involving former chief justices and judges of the Supreme Court which ” have raised serious concerns about the independence, impartiality and integrity of the Chief Justices/Judges of the High Courts in the administration of justice”.
The government said the audio leaks raised serious concerns about the independence of the judiciary in the public interest. Therefore, it has constituted a commission under Section 3 of the Pakistan Commissions of Inquiry Act, 2017.
It said that such audio leaks have eroded public trust and have raised serious concerns about the independence, impartiality and integrity of the Chief Justice and judges of high courts.
The notification said that the judiciary is one of the main pillars of the constitution and when the independence of the judiciary is undermined, the trust of the society is broken.
“An inquiry into the veracity, accuracy and veracity of these audio leaks is necessary not only to restore the credibility of the judiciary but also to ensure public trust and confidence in the judiciary in the larger public interest. Importance, ” he added.
The sordid story of audio leaks started when former Prime Minister Imran Khan was removed from office by a no-confidence motion last year. However, it took an ugly turn when the series of leaks related to sitting judges, their family members and Pakistan Tehreek-e-Insaf (PTI) leaders began to surface.
PTI Chairman Khan had also approached the Supreme Court to intervene in this matter, but no action was taken in this regard.
Audio leaks will be investigated.
- Call between former Punjab chief minister and an advocate regarding a sitting judge of the Supreme Court of Pakistan.
- Call between former Punjab chief minister and an advocate about fixation of some cases before a particular SC bench.
- Call between former Punjab chief minister and a sitting apex court judge.
- Call between former chief justice of Pakistan Saqib Nisar and a senior lawyer.
- Call between a lawyer and a journalist on the outcome of a case before a particular SC bench.
- Call between former Prime Minister of Pakistan Imran Khan and his party colleague about their links in the apex court.
- Call between mother-in-law of CJP Umar Ata Bandial and wife of a lawyer regarding SC cases and conversation about an un-constitutional rule.
- Call between ex-CJP Nisar’s son Najam Saqib and his friend mentioning his father in a political role.
Terms of reference
The Commission’s Terms of Reference (TORs) include inquiring into the authenticity of audio leaks allegedly related to the judiciary. Investigating the veracity of allegations made in print, electronic and social media allegedly affecting judicial proceedings before the Provincial Supreme Court by the son-in-law of Lahore High Court Chief Justice Muhammad Amir Bhatti. to determine the violation, if any, of the integrity of the administration of justice, the independence of the judiciary, the right to a fair trial and the equality of citizens; determining the liability of any or all persons named in the alleged audio leak under the Pakistan Penal Code, 1860 or any other law or against any other person or public office holders; and to determine whether any disciplinary action is warranted.
The TORs also prescribe the liability of any person or public officer who aids and abets any act in violation of the laws of Pakistan. Recommending necessary legal action by any agency, department or person; To inquire and determine the responsibility of who is making the audio and whether it is fake or fabricated, while also recommending action against them. And the Commission may inquire into any matter relating to the case in the interest of justice.
The notification states that the Commission shall have all the powers conferred on it under the Act including the powers mentioned in Section 10 of the Act. It directed all executive authorities – whether federal or provincial – to assist the commission in carrying out its work as well as complying with its directives.
“The Commission shall be entitled to establish a Secretariat and appoint a Secretary for the said inquiry at the expense of the Federal Government. The Attorney General for Pakistan shall assist the Commission and provide the Commission with all documents and materials it may require,” Govt. It is written in the notification.
According to the notification, the commission will immediately initiate an inquiry and complete the enquiry. The commission headed by Justice Isa has been asked to submit its report to the federal government within 30 days, time will be given if required by the commission.
‘CJP Bandial not consulted’
Meanwhile, Federal Law Minister Nazir Tarar said that Chief Justice Umar Atta Bandial was not consulted before the formation of the investigation panel.
The minister further said that Chief Justice of Lahore High Court Muhammad Amir Bhatti was also not included in the commission.
When asked to comment on the need for an investigation into the matter, Tarr said: “The reputation of the institutions has been affected by the audio leaks”.
The minister further informed that the commission was formed under the Pakistan Commission of Inquiry Act 2017 which empowered the federal government to form the commission.
He said that the federal government had already formed a commission under this law.
He said that one of the senior judges of the Supreme Court has been made the head of the commission.
