IHC to take up plea for panel to probe ex-CJ’s audiotape

The Islamabad High Court has fixed for hearing a petition seeking the formation of a commission to ascertain the facts of the alleged audiotape of former chief justice Saqib Nisar and probe into the allegations against the judiciary.

IHC Chief Justice Athar Minallah will hear the matter on Monday (today).

The petition was filed by the Sindh High Court Bar Association (SHCBA) and the Judicial Commission of Pakistan (JCP).

SHCBA President Salahuddin Ahmed and JCP member Syed Haider Imam Rizvi had filed the plea.

The petition read that the audiotape had “tarnished the image of the judiciary”. To protect the independence of the judiciary, it was important to determine whether Justice (retd) Nisar's audio is genuine or fake, it added.

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 petitioners, the alleged audiotape attributed to the former chief justice gives the impression that the judiciary is under pressure from external forces.

 They suggested that the court should 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 the terms of reference and investigate other allegations against the judiciary,” it read.

In the alleged audio leak of the former chief justice, he can be heard in a conversation with an unknown individual about PML-N leaders Nawaz Sharif and Maryam Nawaz's trial.

The ex-CJP is purportedly telling another person that Nawaz and Maryam would have to be punished as he had been told make space for Imran Khan in politics.

However, Nisar has described the audio clip as “fabricated” and refused to accept that it was his voice.