Contempt plea over audio probe disposed of

CJP Bandial hears contempt plea against Isa-led commission in his chamber

ISLAMABAD:

The apex court on Monday disposed of a contempt petition filed against Supreme Court’s Senior Puisne Judge Qazi Faez Isa and the chief justices of the Balochistan High Court (BHC) and the Islamabad High Court (IHC) after the petitioner withdrew his plea.

Chief Justice of Pakistan (CJP) Umar Ata Bandial heard and decided the matter in his chamber.

Advocate Riaz Hanif Rahi had contended in his petition that a five-member larger bench of the Supreme Court on May 26 suspended the proceedings of a judicial commission led by Justice Isa and comprising BHC Chief Justice Naeem Akhtar Afghan and IHC Chief Justice Aamer Farooq.

However, despite the court order the commission, which was tasked with probing into some leaked audios involving some serving and former judges and their family members, held its proceedings in the courtroom 2 of the Supreme Court building on May 27 “in contempt of court”.

Rahi argued that the three-member commission conducted the proceedings by “encroaching” upon the SC courtroom without any legal authority. He contended that Justice Isa conducted the proceedings for some other collateral purpose and the other two members remained silent.

The petitioner also sought contempt of court proceedings against PML-N senior leader Maryam Nawaz, who had launched a verbal attack on the CJP-led bench after its May 26 order.

The SC registrar had, however, returned the contempt petition by raising objections to it.

The registrar had pointed out use of "scandalous language" in the petition and noted that the petitioner had failed to specify what parts of the top court's May 26 order were violated by the judicial commission. The registrar had declared the petition not maintainable.

Rahi filed an appeal against the SC registrar’s objections. However, he later decided to withdraw the contempt petition along with his appeal against the registrar's order.  Interestingly, this is the second matter related to Justice Isa that was listed for hearing before CJP Bandial in his chamber.

The PML-N led federal government on May 20 formed a judicial commission led by Justice Isa to probe into over half-a-dozen leaked audio clips allegedly involving some current and former members.

However, a five-member SC bench on May 26 stayed proceedings of the inquiry commission.

“Prima facie, the very constitution of the commission is cast in doubt as the government did not consult the chief justice of Pakistan for the nomination of a judge,” read an eight-page order authored by CJP Bandial.

The judicial commission on May 27 adjourned its proceedings for an indefinite period in view of the SC order.

Justice Isa, however, raised objections to the order noting that the Inquiry Commission Act 2017 does not specify that a judicial commission must be formed in consultation with the CJP.