SC returns govt plea against judges hearing leaks petition

Justice Isa-led inquiry commission claims that top court bench is 'not appropriate' for hearing the petitions

ISLAMABAD:

The Supreme Court on Wednesday returned the federal government's petition asking top judges to recuse themselves from hearing pleas against the inquiry commission probing audio leaks.

On Tuesday, the government sought the recusal of Chief Justice of Pakistan (CJP) 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 also requested the CJP to reconstitute the bench in this matter.

The SC Registrar’s Office in turn, objected to the government's request and said that objections to judges are raised before the bench, not the the Registrar.

Meanwhile, a five-member larger bench headed by the CJP Bandial heard petitions against the audio leaks inquiry commission.

Adjourning the hearing to next week, the chief justice said that he would hear the objection raised by the federal government regarding the top court bench next week, and maintained that he would hear the government first.

Justice Bandial also informed the Attorney General for Pakistan (AGP) that the Registrar’s Office returned the request of the AGP’s office. He stated that traditionally objections to judges were raised before the bench and that the Registrar’s Office did not accept objection requests regarding the bench.

Read CJ-led bench suspends govt notification

The court requested the petitioners to respond to the answers submitted in the audio leaks Commission case.

'Bench hearing pleas against leaks commission not appropriate'

The Justice Isa-led judicial commission probing audio leaks raised objections on Wednesday over the larger bench hearing petitions against the formation of the commission, and maintained that it was "not appropriate" for the bench to hear the petitions.

In a concise statement responding to a petition, the commission maintained that “it would not be appropriate for this bench to hear these petitions”.

“The oath taken by the Chief Justices and Judges of the Supreme Court and High Courts require them to act, ‘in accordance with the Constitution of the Islamic Republic of Pakistan and the law’,” it detailed.

The statement said that the judges were required to “abide by the code of conduct issued by the Supreme Court Judicial Council” and not allow their “personal interest to influence their ‘official conduct’ or ‘official decisions’”.