The Islamabad High Court (IHC) on Monday asked for Attorney General for Pakistan’s assistance on maintainability of a petition seeking formation of a commission to investigate the alleged audio tape linked with former chief justice Saqib Nisar.
IHC Chief Justice Athar Minallah heard the plea filed by Sindh High Court Bar Association (SHBA) President Salahuddin Ahmed and Judicial Commission of Pakistan member Syed Haider Imam Rizvi on the issue.
The petitioners had stated that the alleged audio tape had damaged the repute of judiciary and it was necessary to fix whether this audio content was fake or true.
An independent commission should be established to probe it transparently so that public trust in judiciary could be strengthened, it added.
The petition prayed the court to set up the commission comprising retired judges, lawyers, journalists and members from civil society.
At the outset of the hearing, the chief justice asked the lawyers that how this plea was admissible. The bench observed that the said audio tape was of that time when Saqib Nisar was the chief justice of Pakistan.
Justice Minallah remarked that the judiciary had been facing big challenges and the bars had played an important role for the independence of judiciary.
"We are living in a society where social media was operating without regulations," he remarked.
Read The mixed legacy of CJP Nisar
The petitioner said the matter went viral on social media and was continuously being discussed.
The chief justice remarked there were many things being discussed on social media, the court would not inquire everything, adding that the court had to view things only under the law.
The lawyer said the SHCBA had passed a resolution and prayed the court to also serve a notice to it if considered appropriate.
The chief justice said he respected the bar association for the sake of rule of law in the country.
The alleged audio tape was related to appeals which were pending with the IHC, the chief justice said, adding that the concerned people of the appeals didn't express interest to come to the court.
The court said the political parties used to adopt different stances but didn't come court.
“In this situation the court also has to view the intentions,” he added.
The court remarked who had released the audio tape and what was its motive. “Should we should play at their tunes?” he questioned.
The chief justice said, “It is said about me that I took a flat. Will you sit down to inquire about it?”
The lawyer said this was the issue that the affected party didn't come to the court for relief.
The court sought assistance from AGP and adjourned the plea till December 8.
(With input from app)
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