Judges kick off ‘open’ probe into audio leaks

Justice Isa says probe not of criminal nature nor will it step on SJC’s jurisdiction

ISLAMABAD:

A three-member judicial commission led by Justice Qazi Faez Isa on Monday initiated probe into the veracity of recent audio leaks and their “impact on the independence of judiciary”, announcing that the proceedings would be made public.

At the outset of the proceedings, directives were issued for advertisements to be published before the regular proceedings - to be held every Saturday - begin, and for new SIM cards and mobile phones to be issued for correspondence with the federal government.

Justice Isa said that these numbers and a specific email address should be made public so that anyone and everyone may provide relevant information to the commission.

He specified that this probe was neither of a criminal nature nor would it step on the Supreme Judicial Council’s jurisdiction.

“All persons involved will be treated with due respect and are expected to uphold the same in their replies. We are only here to find facts and not to take action against anyone.”

Justice Isa stressed that while the commission would remain open to receiving relevant information from any person who wished to provide it, the provider must identify themselves clearly. Any information received from anonymous persons would not be taken into consideration.

The commission comprising Islamabad High Court Chief Justice Aamer Farooq and Balochistan High Court Chief Justice Naeem Akhtar Afghan sought complete recordings and transcripts of eight audio clips - released on social media in recent months.

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

The commission also warned that action might be taken against relevant officials if any mistakes were found in the transcripts. The federal government had been given till May 24 to submit the said recordings as well as all details pertaining to the matter.

Justice Isa sought the complete names and addresses of all persons purportedly conversing in the audio leaks.

Also present in the Supreme Court was Attorney General of Pakistan (AGP) Mansoor Usman, who read out the Terms of Reference (ToR) for the judicial commission.

AGP Usman informed that the commission had been formed under the Commissions of Inquiry Act 2016 and that all findings would be made public. The AGP was directed to issue new sim cards and mobile phones in a day.

It was agreed that regular proceedings of the commission would also be open to the public with the exception of potentially sensitive matters, in which case the three-member bench would consider requests for in-camera sessions.

Moreover, it was stated that all proceedings were to be held in the Supreme Court building in Islamabad. However, Justice Isa specified that among the list of parties before the commission were two elderly women and to accommodate them - if such a plea was filed - the commission might travel to Lahore.

Elaborating on how the probe would be conducted, Justice Isa said contact details for the commission should be made public. He directed the AGP to determine the relevant agency for verification of the audio and inform the commission, adding that the Punjab Forensic Science Agency might be used for the purpose.

The agency must verify the claims made by implicated parties claiming that the voice in the audio leak was not theirs or that the recording had been tampered with, Justice Isa said, adding that a member of the forensic agency should be present in the courtroom during proceedings so that if a person made such claims before the commission, there could be immediate clarification on the matter.

Read more Imran demands commission to probe ‘powerful elements’ behind audio leaks

The AGP was directed to inform all parties involved that the proceedings had commenced and issue notices for their compliance.

Confirmation for the same should be provided to the bench in the form of a photograph or signature of the recipient, the bench directed.

The commission had the authority to issue summons to parties that failed to comply with the proceedings, Justice Isa specified, adding that government officials were already bound to comply.

Meanwhile, BHC Deputy Registrar Hafeezullah has been appointed as the commission’s secretary.

The secretary can be contacted on 03015579326 as the members of the commission cannot be contacted directly.

The three-member commission was notified by the federal government on May 20.

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

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.

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

After the start of the apex court’s suo motu proceedings over holding elections of 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.