Ex-CJ audiotape controversy: IHC CJ asks ‘who has original clip?’

Islamabad High Court hears petition to form a commission on alleged audiotape of Saqib Nisar

The Islamabad High Court heard a petition to form a commission to probe into the alleged audiotape of former Supreme Court chief justice Saqib Nisar.

During the hearing on the matter on Monday, Islamabad High Court (IHC) Chief Justice Athar Minallah asked, “Suppose the tape is correct, then who has the original clip?”

The chief justice said that such investigations could lead to more audio clips and anyone could bring an audio clip to court and ask for an investigation.

The said petition was filed in the IHC by Sindh High Court Bar (SHCB) President Salahuddin Ahmed and a member of the Judicial Commission, Syed Hyder Imam.

During the hearing, the petitioners told the court that the petition had been filed against a former chief justice on his alleged audio clip.

The IHC CJ responded that the court would first issue a pre-admission notice to the attorney-general in order to find out whether the application was admissible or not.

SHCB President Salahuddin stated to the court that the Pakistan Bar Council had approved a decision and if the courts found it suitable, they could also send a notice to the council.

The IHC CJ also said that the court would only see the facts as per the law and there would be no judicial activism.

IHC CJ Minallah added that the court wanted to ensure that this did not open new floodgates.

Justice Minallah also appreciated the role of the Bar and said that the Bar had bravely fought for the independence of the judiciary, and the judiciary in itself had already faced many challenges.

Justice Minallah also asked who had released the tapes. “Who has the authority to record Chief Justice of Pakistan’s audiotapes and who has released this? Did they [Bar Council] released it [audiotape] or did a man sitting in the United States?” he questioned.

The hearing of the case has been adjourned for a week.

What is there in the audio?

The audio was released by an investigative media organization called FactFocus on social media, in which former Supreme Court chief justice Saqib Nisar could be heard allegedly directing a judge to punish Pakistan Muslim League-Nawaz leaders Nawaz Sharif and Maryam Nawaz as certain ‘entities’ wanted Pakistan Tehreek-e-Insaf leader Imran Khan in power.