‘CJP should explain audio leaks claims’

Law minister says govt committing no contempt of court

LAHORE:

Special Assistant to the Prime Minister (SAPM) Malik Muhammad Ahmad Khan on Tuesday demanded that Chief Justice Umar Ata Bandial, who spoke about public scrutiny, should answer in an open court about the recently leaked audios, which allegedly pointed towards a nexus between his mother-in-law, former top judge Saqib Nisar, senior PTI lawyer Khawaja Tariq Rahim and his wife.

In response to a query, the SAPM, in connection with the audio leaks, maintained that if judges were influenced by families and friends, it was a violation of their code of conduct and warranted a reference to be moved against them before the Supreme Judicial Council (SJC).

Addressing a news conference in Lahore  at the PML-N secretariat where he was accompanied by Federal Law Minister Azam Nazeer Tarar, Malik said these audio leaks could not be seen in isolation.

He added that by putting the two audio leaks together and reviewing the context of the conversation, one could understand why the Constitution was rewritten in the case pertaining to Article 63-A.

He demanded that parliament should call a session to legislate against the interpretation of the Constitution by the SC in the Article 63-A case.

Referring to the content of the audio leaks, he said that it was clear that  former CJP Nisar was advising the senior lawyer on how to validate intervening in the legislative process of parliament.

He accused the ex-top judge of being behind the saga that had created the confrontation between the judiciary and government.

The SAPM claimed that during the purported conversation between the mother-in-law of the CJP and the wife of the senior lawyer where the two talked about sending an emoji to the top judge, it was a covert message to him to stay silent.

Malik added that this was in itself a major allegation.

He said that Article 3 of the judges’ code of conduct talked about how they should not be influenced by their families and friends.

Referring to a verdict of CJP Bandial, Malik said the top judge himself had written in one of his decisions that they lived in a glass house.

“Therefore, it’s time for him to explain these allegations,” the SAPM added.

He said we are seeking answers from the judges on the recent controversies, which had tainted the image of the judiciary.

He added that questions would be asked when a judge with accusations of amassing assets beyond means was included in the bench hearing their cases.

The SAPM said in the instance of this particular judge, it was said that it was a case of non-disclosure.

Read Ex-CJ Nisar under spotlight over audio leaks — again

However, he recalled that a similar case of SC judge Justice Qazi Faez Isa was sent to the SJC.

Malik assailed the judiciary for pushing for elections in Punjab within 90 days, asking why this was the only Article in the Constitution the judges were supposed to guard.

“Why did they [judges] not instruct [the Election Commission of Pakistan to hold) the elections in Khyber-Pakhtunkhwa within the time period narrated in the Constitution?” he raised the question.

Malik said holding elections in Punjab would create a hegemony, implying that winning the polls in the province would reflect on the outcome elsewhere.

He emphasised reading Article 224 of the Constitution, which called for elections in 90 days in totality.

The SAPM said courts should stop dictating parliament.

He added that audio leaks had further revealed that the SC judges were also considering holding government functionaries in contempt of court.

Law Minister Azam denied any impression of the government committing contempt of court.

Referring to the alleged audio clip between the former CJP and the senior lawyer, he maintained that some elders wanted contempt of court proceedings to be initiated against the government.

However, the government had done nothing so far that violated any court order, he claimed.

He also clarified that Supreme Court Practice Procedure law had been passed by both houses of parliament and a law now.

“It is for those, who have taken an oath to preserve and protect the Constitution to enforce that law,” he added.

The minister maintained that the law was drafted after a few deliberations that in no way undermined judiciary’s automony and independence.

Azam said that the alleged audio leak between former CJP Nisar and the PTI lawyer had raised questions as various political matters and cases which were in the courts had been discussed in the conversation.

The conversation in the audio leak was aimed at creating rifts among the institutions and to further deepen the prevailing crisis, he alleged.

“The country is passing through a tough situation, whereas the audio leak was referring to further intensifying it,” he added.

The minister maintained that matters related to the future were discussed in the call, adding that the perception about ousting the prime minister of the elected PML-N government in 2016-17 that it was pre-planned was gaining strength.

To a question about the audio leaks, which have become a regular feature under the current dispensation, the minister blamed the technology that he said was prone to such intrusions as well as the courts for hampering the investigation into them on the grounds of freedom of speech.

Azam said the matter would be taken up in the next cabinet meeting to discuss the source of these leaks.