An investigation into a series of petitions contesting the composition of a government-appointed bench, which was established last week to look into audio leaks that have appeared on social media over the past several months, has started at the Supreme Court.
Headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial, a five-judge panel consisting of Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Syed Hasan Azhar Rizvi and Justice Shahid Waheed is hearing a set of four petitions moved by president of the Supreme Court Bar Association (SCBA) Abid Shahid Zuberi, SCBA Secretary Muqtedir Akhtar Shabbir, PTI Chairman Imran Khan and Advocate Riaz Hanif Rahi.
The aim of all four petitions is to deem the audio commission’s founding unconstitutional.
The panel, led by Justice Qazi Faez Isa, was established on May 20 in accordance with Section 3 of the Pakistan panel of Inquiry Act 2017. The commission has one month to complete its work.
The commission will have “all the power to fix responsibility against the delinquents for their alleged role in phone tapping and could exercise authority to constitute special teams consisting of experts, or form an international team and seek international cooperation, or exercise powers,” in accordance with the Criminal Code of Procedure. Balochistan High Court Chief Justice Naeem Akhtar Afghan and Islamabad High Court Chief Justice Aamer Farooq are also included in the commission.
The panel held its inaugural session earlier this week and agreed to make its proceedings public in order to maintain transparency and openness. The following meeting will take place on May 27 (tomorrow).
The PTI chairman’s representative at the hearing was Babar Awan, who was joined by SCBA President Abid Shahid Zuberi, Secretary Muqtedir Akhtar Shabbir, and attorney Riaz Hanif Rahi.
Attorney General Mansoor Usman Awan entered the room before the hearing began and objected to the case being heard by a bigger bench of five judges.
“How can the government select judges of the Supreme Court [to serve] its own purpose?” the CJP questioned at this point.
The panel held its inaugural session earlier this week and agreed to make its proceedings public in order to maintain transparency and openness. The following meeting will take place on May 27 (tomorrow).
The PTI chairman’s representative at the hearing was Babar Awan, who was joined by SCBA President Abid Shahid Zuberi, Secretary Muqtedir Akhtar Shabbir, and attorney Riaz Hanif Rahi.
Attorney General Mansoor Usman Awan entered the room before the hearing began and objected to the case being heard by a bigger bench of five judges.
“How can the government select judges of the Supreme Court [to serve] its own purpose?” the CJP questioned at this point.
“Attorney General Sahib, this is a question involving the independence of the courts. Attorney General Sahib, this is enough. Please sit down, CJP Bandial commanded.
The petitions
On Thursday, Abid Zuberi and Muqtedir Shabbir both submitted a petition asking the SC to direct the federal government, the inquiry commission, the Pakistan Electronic Media Regulatory Authority, and the Pakistan Telecommunication Authority to name anyone or anything using an anonymous Twitter handle or account.
Additionally, they asked the court to issue directives establishing accountability for indulging in the unlawful practise of illegal phone tapping on Pakistani soil.
Imran Khan also urged the panel to look into the “powerful elements” responsible for the audio leaks in the appeal. These individuals are accused of listening in on and recording telephone conversations between ordinary people, including senior public officials.
The infamous audio leaks involving the judiciary and past chief justices, according to an SRO released on May 19, 2023, caused major concerns about the independence, impartiality, and integrity of CJPs and judges of the superior courts in the administration of justice.
