Audio leaks inquiry commission: SC upholds May 26 order

The Supreme Court of Pakistan (SC) on Monday upheld its May 26 order staying the proceedings of an inquiry commission led by Justice Qazi Faez Isa, probing the veracity of recent audio leaks and their impact on the independence of the judiciary.

The apex court issued an order for the previous hearing of the petitions filed against the inquiry commission.

In the written order, the SC stated that the Attorney General of Pakistan (AGP) Mansoor Awan had raised objections to the three judges included in the bench.

During the hearing, Awan said that the three judges should separate from the bench, while the petitioner's lawyer gave counterarguments.

After hearing the arguments of both parties, the court reserved its verdict, stating that the order of May 26 will stand till the objections raised on the formation of the bench are decided and the hearing of the case was adjourned for an indefinite period.

Read: Judges kick off ‘open’ probe into audio leaks

Earlier, the federal government had objected to the inclusion of Chief Justice of Pakistan (CJP) Umar Atta Bandial, Justice Ijaz-ul-Ahsan and Justice Muneeb Akhtar in the bench.

The order

On May 26, the apex court had stayed the proceedings of an inquiry commission led by Justice Qazi Faez Isa, probing the veracity of recent audio leaks and their impact on the independence of the judiciary.

A five-judge SC bench, which apart from the chief justice, included Justice Ijaz-ul-Ahsan, Justice Munib Akhtar, Justice Syed Hasan Azhar Rizvi and Justice Shahid Waheed, issued the order while hearing four petitions filed by PTI Chairman Imran Khan, Supreme Court Bar Association (SCBA) President Abid Zuberi as well as others against the inquiry commission formed by the federal government.

Read More Plea against inquiry commission rejected

The commission also included Balochistan High Court Chief Justice Naeem Akhtar Afghan and Islamabad High Court Chief Justice Aamer Farooq.

During the hearing, the AGP sought permission to make a preliminary submission, saying that CJP Bandial ought to consider recusing himself from the bench on account of a certain conflict of interest.

The order, however, maintained that it was an accepted and settled constitutional principle, acted upon several times in the constitution of commissions, that whenever a sitting judge was intended to be made a member of the body, the permission of the chief justice of Pakistan had to be sought first.

The order further noted that as the federal government appeared to have acted unilaterally in this matter, a “constitutional principle” of the highest importance had been, prima facie, "breached".

The order also noted that therefore, prima facie, the very constitution of the commission was cast in doubt.