Attorney General for Pakistan (AGP) Khalid Jawed Khan on Friday opposed an inquiry into former chief justice of Pakistan Saqib Nisar's alleged audiotape in which the ex-top judge purportedly was telling an unidentified man that he had been instructed to punish former premier Nawaz Sharif to bring PTI chief Imran Khan into power.
The Islamabad High Court later reserved its judgment on a petition filed by Sindh High Court Bar Association (SHCBA) former president Salahuddin Ahmed, seeking the formation of an inquiry commission to investigate into the audio clip.
The AGP told the court that one person's audio clip was giving the impression that the entire judiciary was “compromised”.
The AGP further argued that no inquiry was ordered when a CJP was attacked or when a “briefcase full of cash was sent to someone”. “The judiciary didn’t appear compromised when a prime minister was hanged” he added.
Khalid contended that the argument regarding the “entire” judiciary being “compromised” seemed to only start with this case.
He said that an investigation into the audio scandal would affect the ongoing case against Gilgit-Baltistan former chief judge Rana Shamim, who had claimed in an affidavit that ex-CJP Nisar had influenced the case against Nawaz and his daughter Maryam, as well as that against the former premier himself in the IHC.
Read Body formed to investigate audio leak, affidavit
“The petition should be rejected as it could affect the pending cases. The court should not get involved in this matter,” he added.
Responding to the AGP, IHC Chief Justice Athar Minallah remarked that his arguments were alarming.
The AGP asked the court as to how could it maintain a balance in the case considering that one party claimed the audio clip was real while the other denied it. “It will be difficult for the court to do so.”
“Even if a commission is formed, can there be any guarantee that the pending appeal will not be affected?" the AGP said, adding that another reason for the plea to be dismissed was that the petitioner claimed he did not possess the original audiotape.
"[Journalist] Ahmed Noorani claims the audio clip is authentic on the basis of a forensic analysis, while another TV channel showed how the clip appears to have been edited in places [also on the basis of a forensic analysis],” the AGP pointed out.
Addressing the court, petitioner Salahuddin Ahmed, who is also a lawyer, argued that had there been inquiries conducted into the Maulvi Tamizuddin case, Bhutto's judicial assassination, dismissal of a chief justice on the pretext of a briefcase, “we would not have had to see this day”.
“If we will keep leaving everything to past judgments, history will continue repeating itself," Salahuddin added, stating that he considered himself an affected person of the audio clip scandal.
"Whether it is Nawaz Sharif or Allah Rakha, my problem is with the role of my chief justice,” the lawyer argued.
To this, the AGP stated that he would like to make a proposal to the petitioner and the SHCBA. "If the petitioner says he will be equally upset if this happens to an Allah Rakha then how about we start with conducting an inquiry into [former CJP] Sajjad Ali Shah's removal?" Khalid said.
The petitioner, responding to the proposal, remarked that the AGP was now suggesting of opening up absolutely old cases.
However, the court maintained that if this "door was opened" for the government, then pending cases would be interfered with. It later reserved its judgment on the petition.
On November 21, 2021, journalist Ahmed Noorani had shared an audio clip claiming that the former CJP had directed his subordinates to send Nawaz and Maryam to jail “as institutions wanted to bring Imran Khan into power”.
The journalist had said that a US-based firm had verified that the voice in the leaked audio clip matched with that of the retired CJP. However, the former top judge of the country had declared it “fabricated”.
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