ISLAMABAD: The High-powered Judicial Commission set up to investigate the audio leaks related to the judiciary announced on Monday that its inquiry proceedings will be made public.
The commission headed by Supreme Court Judge Justice Qazi Faez Isa, Chief Justice of Islamabad High Court Amir Farooq and Chief Justice of Balochistan High Court Naeem Akhtar Afghan held its first hearing today in Courtroom No. 7 of the Supreme Court.
Attorney General Mansoor Usman Awan also appeared before the three-member commission.
On Saturday, the federal government set up a judicial panel and tasked it to complete the work within 30 days.
A notification issued by the Cabinet Division said the commission was formed in the wake of the widely circulated controversial audios on the judiciary, which included former chief justices and judges of the Supreme Court, who spoke of “independence”. , raised serious concerns about the impartiality and fairness 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.
Today’s proceedings
At the beginning of today’s proceedings, Justice Isa inquired under which law the commission was created.
Attorney General Awan replied that the commission was constituted under the Commission of Inquiry Act, 2016.
The Judicial Commission then announced that it would make the proceedings public. However, he added that the commission can review any request for an in-camera session if a sensitive matter is brought up.
Justice Isa directed that the proceedings of the commission will be held in the building of Supreme Court Islamabad, adding that it is our responsibility to appoint the secretary of the commission.
He further said that these persons include two elderly women who are to be investigated.
He said that if there is any request, the commission can also go to Lahore.
The Commission then directed the Attorney General to provide mobile phones and SIM cards to the Commission.
It was decided that the phone number will be made public.
The Commission then directed the Attorney General to appoint the concerned agency to verify the content.
Justice Isa said that the Punjab Forensic Science Agency (PFSA) can be contacted to verify the audio leaks.
Stressing that the commission was set up “only to determine the facts”, the Supreme Court judge said: “If a person says that the voice in the audio is not theirs, or tampering with it has been done, it has to be verified in advance.”
For this purpose, he directed that a member of the forensic agency should be present during the proceedings so that in case of any denial, immediate verification can be done.
Further emphasizing the powers and limitations of the inquiry panel, he said the commission would not take any action against any judge.
There shall be no interference with the jurisdiction of the Supreme Judicial Council.
He also added: “The commission has the power to issue summons to those who do not comply with its orders.”
However, the commission will only issue notices, Justice Isa said, adding that efforts will be made not to issue summons to anyone.
“Government officials have no room for prior denial,” he said.
Moreover, on the issue of making the proceedings public, he said that an advertisement would be issued to provide information to the public.
He added that the orders of the commission will be shared online.
The commission decided that “every action of the commission should be shared on the website so that there is no confusion.”
On this, AG Awan suggested that the updates be uploaded in PDF format so that no changes can be made.
Justice Isa said that I have heard that there may be changes in the PDF as well.
When the attorney general assured the commission that the government had no intention of changing anything, the Supreme Court judge replied: “You can’t even do that.”
Later, the Judicial Commission directed AG Awan to issue notices to all the parties.
“If a party does not receive the notice, it should be posted outside his residence,” the commission said.
Justice Isa directed that after receiving the notice from the concerned person, the proof should be provided in the form of photograph or signature.
The commission further directed AG Awan to submit four copies of the audios and their certified transcripts by Wednesday. Names, contact numbers and addresses of all concerned persons were also sought.
“If the audio conversation between two persons is about a third party, the latter can participate in the proceedings,” the commission observed.
Justice Isa then announced that the commission’s proceedings would take place on Saturday (May 27) at 10 am.
Audio leaks will be investigated.
The commission will investigate the following audio leaks.
- A meeting between the former Chief Minister of Punjab and a lawyer regarding the settlement of some cases before a special bench of the Supreme Court.
- Meeting between former Chief Minister Punjab and Supreme Court Judge.
- Meeting between former Chief Justice of Pakistan Saqib Nisar and senior lawyer.
- A meeting between a lawyer and a journalist on the outcome of a case before a specific bench of the Supreme Court.
- A call between former PM Khan and his party colleague about their links in the Supreme Court.
- Discussion between Chief Justice Umar Atta Bandial’s mother-in-law and lawyer’s wife on Supreme Court cases and unconstitutional rules.
- Former Chief Justice Nisar’s son Najam Saqib and his friend mentioned his father in a political role on the phone.
