The Federal Government has objected to three members of a five-member bench of the Supreme Court hearing a series of petitions challenging the constitution of a judicial commission formed to investigate recent audio leaks.
The commission, established on May 20 under Section 3 of the Pakistan Commission of Inquiry Act 2017, is led by senior puisne judge Justice Qazi Faez Isa, along with Balochistan High Court Chief Justice Naeem Akhtar Afghan and Islamabad High Court Chief Justice Aamer Farooq.
However, earlier this week, the Supreme Court restrained the commission from proceeding with its task while hearing four petitions against its appointment. The reserved verdict was issued by a five-member bench consisting of Chief Justice of Pakistan (CJP) Umar Ata Bandial, Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Syed Hasan Azhar Rizvi, and Justice Shahid Waheed.
During the hearing, CJP Bandial expressed concern about efforts to create division among the judges, stating, “I am sorry to say that efforts have been made regrettably, maybe unknowingly, to draw a wedge between the judges of the court.”
As a result, the government-appointed commission decided to halt its proceedings until the Supreme Court resolves the petitions challenging its formation.
In a petition filed today, the government requested the recusal of CJP Bandial, Justice Ijazul Ahsan, and Justice Munib Akhtar from the bench hearing the pleas against the audio leaks commission. The plea also urged the CJP to reconstitute the bench and requested the judges to “graciously consider recusing themselves from the instant petitions.”
The petition emphasized the importance of impartiality in the adjudication process, particularly highlighting concerns regarding the appearance of impartiality due to the inclusion of CJP Bandial in the bench hearing petitions against the commission investigating audio leaks “pertaining to a very close family member.”
The plea further noted that some of the audio leaks also involved Justices Ahsan and Akhtar, suggesting that they should also recuse themselves from hearing the petitions.
