The Sindh High Court Bar Association (SHCBA) and the Judicial Commission of Pakistan (JCP) have filed a petition in the Islamabad High Court (IHC), seeking the formation of a commission to ascertain the truth behind the alleged audiotape of former chief justice of Pakistan Mian Saqib Nisar and probe allegations against judiciary.
SHCBA President Salahuddin Ahmed and Judicial Commission of Pakistan member Syed Haider Imam Rizvi filed the petition.
The petition states that the audiotape has tarnished the image of the judiciary. To protect the independence of the judiciary, “it is important to determine whether Justice (retd) Nisar's audio is genuine or fake”.
The petition details five major allegations levelled against the higher judiciary in the last four years.
The first is the alleged WhatsApp call; the second is the revelations of Justice Shaukat Aziz Siddiqui; the third is the video of late Judge Arshad Malik which was played by PML-N leader Maryam Nawaz in her press conference; the fourth is Rana Shamim's statement and the fifth is an audiotape attributed to Justice (retd) Nisar.
According to the petitioner, the alleged audiotape attributed to the former chief justice gives the impression that the judiciary is under pressure from external forces. “Audio tapes have tarnished the image of the judiciary.”
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They suggested the judiciary to form an independent commission to protect its name as important questions had been raised about the independence of the judiciary.
“As a constitutional court, it is important to restore public confidence in an independent and impartial judiciary.”
The SHCBA and the JCP requested the formation of an independent commission comprising well-known retired judges, lawyers, journalists and members of civil society to investigate the alleged audiotape attributed to the former chief justice.
“The commission should be asked to prepare Terms of Reference and investigate other allegations against the judiciary.”
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