The Supreme Court has taken a significant step by suspending the implementation of the federal government’s notification regarding the formation of a judicial panel.
The panel was established last week with the purpose of investigating audio leaks that have been circulating on social media over the past few months. In addition, the court has also put a hold on the proceedings of the commission.
“In the circumstances, till the next date of hearing, the operation of the impugned notification No.SRO.596(I)/2023 dated 19.05.2023 issued by the Federal Government is suspended as is the order dated 22.05.2023 made by the Commission and in consequence thereof proceedings of the Commission are stayed,” the top court said in an order.
The commission, headed by Justice Qazi Faez Isa and also comprising Balochistan High Court Chief Justice Naeem Akhtar Afghan and Islamabad High Court Chief Justice Aamer Farooq, was established on May 19 under the Pakistan Commission of Inquiry Act 2017.
The commission had been granted extensive powers to investigate the alleged role of individuals involved in phone tapping, including the authority to assign responsibility and form special or international teams, seeking international cooperation as needed.
Earlier on the same day, the Pakistan Electronic Media Regulatory Authority (Pemra) submitted transcripts of nine purported audio leaks to the judicial commission for further investigation. The commission’s next session is scheduled for May 27.
A reserved verdict was issued by a five-member bench, which included Chief Justice of Pakistan (CJP) Umar Ata Bandial, Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Syed Hasan Azhar Rizvi, and Justice Shahid Waheed.
This decision by the Supreme Court comes in response to a series of petitions filed by various parties, including Supreme Court Bar Association (SCBA) President Abid Shahid Zuberi, SCBA Secretary Muqtedir Akhtar Shabbir, PTI Chairman Imran Khan, and Advocate Riaz Hanif Rahi.
These petitions sought to declare the formation of the audio commission as illegal. The court’s order to suspend the commission’s proceedings carries significant implications for the ongoing investigation into the alleged audio leaks.
During the hearing today, CJP Bandial observed that the formation of the government-appointed judicial commission “interfered in the judiciary’s internal matters” and noted that there were errors in the notification issued by the government for the formation of the commission.
“The Constitution gives complete freedom to the judiciary,” he remarked. “The investigation that was supposed to be conducted by the institutions was entrusted to judges.”
Justice Bandial further said, “We have no other structure but the power of morality and justice.”
After two-hour-long proceedings, the court reserved its verdict on the petitions and said that an appropriate order would be issued today.
In a written order issued later in the day, the apex court issued notices to all the respondents in the petitions and Attorney General for Pakistan (AGP) Mansoor Usman Awan.
It said the proceedings will be taken up again on May 31 (Wednesday).
According to an SRO issued on May 19, 2023, the controversial audio leaks regarding judiciary and former chief justices raised serious apprehensions about the independence, impartiality and uprightness of CJPs and judges of the superior courts in the administration of justice.
“Such audio leaks have eroded public trust besides serious concerns have been raised by the general public regarding the independence, impartiality and uprightness of the CJPs and judges of the superior courts,” the notification said, adding that judiciary was one of the main pillars under the Constitution and the society’s confidence was shattered when the independence of judiciary was tarnished.
“Therefore it is imperative to [hold] inquiry into the authenticity, correctness and veracity of these audio leaks to restore not just the credibility of the judiciary but also the public trust and confidence in the judiciary in the larger public interest, as a matter of definite public importance,” explained the SRO.
The commission’s Terms of Reference (ToR) specify that it will examine the authenticity of leaked recordings involving various individuals, including conversations between former Chief Minister Parvez Elahi and a lawyer regarding a Supreme Court judge, discussions between Elahi and lawyer Abid Zuberi about influencing certain cases, and communications involving ex-Chief Justice Saqib Nisar, lawyer Khawaja Tariq Rahim, journalist Abdul Qayyum Siddiqui, Imran Khan, and others.
The commission will also probe allegations of the son-in-law of the Lahore High Court Chief Justice influencing judicial proceedings.
In addition to determining the veracity of the audio leaks, the commission is empowered to investigate any violations related to the integrity of the judiciary, the administration of justice, the right to a fair trial, and the equality of citizens. It will identify any individuals involved in wrongdoing and recommend appropriate legal action, including disciplinary proceedings. If the audio leaks are found to be fake or fabricated, the commission will also ascertain responsibility for their creation and propose appropriate actions.
The Terms of Reference mandate full cooperation from all executive authorities at the federal and provincial levels. The commission is authorized to establish a secretariat and appoint a secretary, with the federal government bearing the costs. The Attorney General for Pakistan is tasked with providing the commission with all necessary documents and materials.
