Govt requests recusal of CJP, others from hearing pleas against leaks commission

The government has sought the recusal of Chief Justice of Pakistan Umar Ata Bandial, Justice Ijazul Ahsan and Justice Munib Akhtar from the bench hearing petitions against the constitution of the inquiry commission probing the audio leaks.

It has also requested the CJP to reconstitute the bench in this matter. The larger bench is resuming the hearing tomorrow.

The government on May 20 formed a commission, led by Supreme Court puisne judge Justice Qazi Faez Isa, comprising Balochistan High Court (BHC) Chief Justice Naeem Akhtar Afghan and Islamabad High Court (IHC) Chief Justice Aamer Farooq, to probe into the genuineness of the audios and their impact on the independence of the judiciary.

A number of petitioners including former prime minister Imran Khan challenged the formation of the commission and a five-judge Supreme Court bench led by Chief Justice of Pakistan (CJP) Umar Ata Bandial suspended the probe panel’s proceedings while hearing their petitions.

The federal government’s petition sought the recusal of CJP Bandial, Justice Ijazul Ahsan, and Justice Munib Akhtar from the bench hearing the pleas against the commission. It urged the CJP to reconstitute the bench and asked the judges to “graciously consider recusing themselves from the instant petitions”.

The petition maintained that one of the rules of natural justice was that the adjudicator should be impartial and that Justice Bandial’s inclusion in the bench hearing petitions against the commission, formed to investigate audio leaks “pertaining to a very close family member”, raised concerns regarding objectivity.

It stated that “it is important to reiterate that the questions raised above pertain only to the appearance of impartiality and conflict of interest and therefore are distinct and separate to bias which has neither been raised nor is the contention of the respondent”.

Read SC order irks leaks commission head

Additionally, the government’s plea requested that Justices Ahsan and Akthar also recuse themselves due to their involvement in the audio leaks.

“Consequently, propriety and good sense dictate and demand that Hon’ble Justice Ahsan and Hon’ble Justice Akhtar may also graciously recuse themselves from hearing the captioned petition,” it read.

The petition detailed that “one audio leak pertains to a conversation between the Petitioner in CP No. 14/2023 and the then chief minister discussing a case of CCPO (Ghulam Mehmood Dogar v. FOP and others, CP No. 3988/2022) Lahore. Then hearing the aforesaid case was headed by Justice Ahsan”.

“Another audio leak is about a conversation between a senior lawyer’s wife and the mother-in-law of the Chief Justice, wherein reference has been made to another judge of this bench…Justice Munib Akhtar”.

The plea maintained that to “uphold the salutary principle of administration of justice and impartiality”, the judges must be “diligent in identifying any conflicts of interest that could compromise their ability to render fair and impartial judgements”.

“When such conflicts arise or are brought to the attention of the Hon’ble judges, it is incumbent upon them to recuse themselves from the case, thereby ensuring that the integrity and impartiality of the Hon’ble Court remains intact. By doing so, they demonstrate their commitment to upholding the principles of justice and maintaining public trust in the judiciary”.