SC grants more time in audio leaks case

Cabinet's decision on investigation to be shared at the next hearing, AAG tells top court


Our Correspondent December 03, 2024
Supreme Court. PHOTO: FILE

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ISLAMABAD:

The Constitutional Bench of the Supreme Court on Monday granted Additional Attorney General (AAG) Aamir Rehman more time to obtain government directives regarding the audio leaks case.

The bench, excluding Justice Ayesha Malik, presided over the hearing.

At the outset, the federal government sought additional time, with AAG Rehman requesting a short adjournment.

"The question is, does the government want an inquiry into the audios or not?" AAG Rehman asked the court.

He added, "This matter was to be presented in the cabinet, but it could not due to the law and order situation in Islamabad," referring to last week's clashes between security forces and PTI protesters.

"Give time, the audio leaks matter will be presented at the next cabinet meeting," Rehman assured. "The court will be informed of the cabinet's decision on the audio leaks."

PTI lawyer Babar Awan pointed out that the SC's decision regarding the legal status of the audio leaks was already available.

Justice Aminuddin Khan remarked, "Let the Attorney General's office take instructions from the government." He further stated, "The matter will be looked into after the government's instructions [to the AAG]."

Meanwhile, Justice Aminuddin Khan and Justice Jamal Khan Mandokhail of the Supreme Court recused themselves from hearing a case regarding the appointment of the Lahore High Court (LHC) chief justice.

The constitutional bench also granted Attorney General Mansoor Usman Awan's request to seek government instructions in the ongoing audio leaks commission case.

The six-member constitutional bench, headed by Justice Aminuddin Khan, was hearing multiple cases.

During proceedings on the LHC chief justice appointment case, AAG Amir Rehman argued that "seniority is not a fundamental right," and that there are precedents for appointing chief justices out of turn.

Justice Mandokhail, however, pointed out that both he and Justice Aminuddin are members of the Judicial Commission of Pakistan (JCP), which could create a conflict of interest.

Subsequently, the bench directed that the case be reassigned to another constitutional bench.

Dismissal of Prisoner Facilities Petition

Meanwhile, the bench dismissed a petition seeking equal facilities for prisoners in jails, declaring it inadmissible.

Justice Mandokhail questioned whether it was the Supreme Court's role

to oversee prison conditions, suggesting that objections regarding jail rules should be addressed by provincial authorities or high courts. Justice Aminuddin further instructed that such petitions should not be brought to the Supreme Court.

In a separate case, the bench issued notices to the Attorney General regarding petitions challenging government agreements with electricity providers. Justice Aminuddin remarked that progress was being made on the matter and noted positive developments.

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