Isa-led judicial panel to probe ‘leaked audios of judges’

Govt notifies three-man commission headed by Justice Qazi Faez Isa

ISLAMABAD:

. The federal government has formed a judicial commission to probe into over half-a-dozen leaked audio clips allegedly involving some current and former members of the superior judiciary and their family members to determine their “veracity” and “impact on the independence of the judiciary”.

According to a notification issued by the Cabinet Division on Saturday, the three-man judicial commission is led by Supreme Court senior puisne judge Qazi Faez Isa and comprises Balochistan High Court Chief Justice Naeem Akhtar Afghan and Islamabad High Court Chief Justice Aamer Farooq.

However, the judges are yet to express their willingness to become part of the commission.

Formed under Section 3 of the Inquiry Commission Act, 2017, the commission will probe into the audios that have surfaced in the last few months—particularly since the Supreme Court has taken suo motu notice of the delay in the announcement of polls in Punjab and Khyber Pakhtunkhwa.

Read Ex-CJP’s son to be called ‘after FIA’s audio leak probe’

The notification said the audios widely circulated on traditional and social media have raised serious apprehensions about the independence, impartiality and uprightness of the chief justices and judges of superior courts in the administration of justice.

“Such audio leaks have eroded public trust [in the judiciary] and serious concerns have been raised by the general public regarding independence, impartiality and uprightness of the former chief justices/judges of superior courts.”

Under the Constitution, it said, the independence, integrity and character of chief justices and judges are of utmost importance for keeping the public trust and confidence in the administration of justice.

“Judiciary is one of the main pillars under the Constitution and the society’s confidence is shattered when independence of judiciary is tarnished,” it said.

The notification said it is imperative to inquire into the authenticity, correctness and veracity of these audio leaks in order to restore not just the credibility of the judiciary but also the public trust and confidence in the judiciary in the larger public interest, as a matter of definite public importance.

According to its terms of reference (ToRs), the commission will investigate a total of eight audios.

It will also inquire into the correctness of the allegation that a son in law of the Lahore High Court chief justice is influencing judicial proceedings. It will determine violation, if any, of integrity of the process of administration of justice, independence of judiciary, right to fair trial and equality of citizens.

It will determine the liability incurred by any or all persons named in the alleged audio leaks against or any other person or public office holders including under the Pakistan Penal Code, 1860 or any other law and also determine as to whether any disciplinary proceedings are attracted.

“[It will] fix the responsibility of any person or public office holder aiding and abetting by any act in violation of the laws of Pakistan so determined [and] recommend any necessary legal action by any agency, department or person.

“If the stated audios are fake or fabricated, to inquire into and fix responsibility with regards, as to who is making these and recommend action to be taken in this regard; and any matter ancillary and incidental thereto or which the Commission deems fit to inquire into it in the interest of justice.”

The notification said the commission will have all the powers that are granted to it under the act and including those mentioned in its Section 10.

“It shall be the duty of all executive authorities in the federation and the provinces to act in aid of the commission in discharge of its functions and to comply with any of its directions.

“The commission will be entitled to establish a secretariat and appoint a secretary for the stated inquiry at the cost of the federal government.  The Attorney General for Pakistan (AGP) will assist the commission and provide [it] with all documents and material that it requires.

“The commission will initiate the inquiry immediately after the notification of its constitution and will conclude the inquiry and submit its report to the federal government within thirty days. However, if the commission requires further time, the federal government will grant it,” it added.

Typically, the government requests the CJP to nominate a judge to head such a commission. However, a senior government official said there is no requirement in the law to get the consent of the CJP, one of whose family members allegedly figures in an audio clip.

The superior bars have also filed a complaint against a particular SC judge on account of his audio leak wherein he was talking to a former chief minister.

Earlier in May, the National Assembly passed a motion demanding the formation of a special parliamentary committee to investigate the alleged audio leaks involving a son of former CJP Saqib Nisar.

Since the start of the apex court’s suo motu proceedings over holding elections for two provincial assemblies within 90 days, a number of audio leaks purportedly involving SC judges and their family members have surfaced.

However, the top court has shown judicial restraint and refrained from initiating any separate proceeding to deal with the issue.

(WITH INPUT FROM APP)