The Supreme Court adjourned the hearing of a petition challenging the judicial commission investigating authenticity of the recent leaked audio until next week.
The five-member larger bench, comprising Chief Justice of Pakistan Umar Ata Bandial, Justice Ijaz Ul Ahsan, Justice Munib Akhtar, Justice Syed Hasan Azhar Rizvi, and Justice Shahid Waheed, heard the case.
Earlier, the Federal Government has objected to three members of a five-member bench of the Supreme Court hearing the same case.
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.
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
During the proceedings today, the judicial commission, led by Justice Qazi Faez Isa, submitted a concise statement through commission secretary Hafeezullah Khajjak, raising objections to the five-member bench.
The commission argued that one of the leaked audios involved the chief justice’s mother-in-law, and Justice Akhtar was mentioned in the conversation. It contended that it would not be appropriate for the bench to hear the petitions, as judges of the Supreme Court should not allow personal interests to influence their official conduct or decisions.
Advocate Riaz Hanif Rahi, one of the petitioners, expressed his intention to file a contempt of court petition.
The chief justice stated that all the petitions would be consolidated and included in the case. He further mentioned that the court would first hear the arguments of Attorney General for Pakistan (AGP) Mansoor Usman Awan against the five-judge bench.
The chief justice noted that no decision had been made on the objections to the bench during the previous hearing.
The court directed the registrar to assign a number to the AGP’s plea and instructed Awan to provide copies of his petition to all respondents.
The chief justice also highlighted that the government’s petition contained some inappropriate words that should not have been included.
Advocate Shoaib Shaheen, representing Supreme Court Bar Association (SCBA) President Abid Shahid Zuberi, informed the court that the association had always defended the apex court during talk shows. However, the judicial commission alleged that “we speak against the judiciary during talk shows.”
