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The Supreme Court (SC) on Friday rejected the previous Pakistan Democratic Movement (PDM) government\u2019s objections to the bench hearing a set of pleas challenging the constitution of a three-judge commission set up to probe the veracity of audio leaks that had implicated politicians as well as judges of the top court and their family members.<\/p>\n
Justice Ijazul Ahsan announced the short order, saying that the objections were \u201can attack on the independence of the judiciary\u201d.<\/p>\n
The previous coalition government had formed<\/a> the commission on May 20 under Section 3 of the Pakistan Commission of Inquiry Act 2017. Led by senior puisne judge Justice Isa, the commission also comprised Balochistan High Court Chief Justice Naeem Akhtar Afghan and Islamabad High Court Chief Justice Aamer Farooq.<\/p>\n On May 26, the top court had restrained<\/a> the panel from going ahead with its task. The verdict was issued by the five-member bench hearing the case.<\/p>\n The order was passed on a set of petitions moved by Supreme Court Bar Association (SCBA) President Abid Shahid Zuberi, SCBA Secretary Muqtedir Akhtar Shabbir, PTI Chairman Imran Khan and Advocate Riaz Hanif Rahi seeking to declare the constitution of the audio commission illegal.<\/p>\n Subsequently, the government-app\u00adointed commission decided to put its proceedings on hold<\/a> until the SC decided the petitions.<\/p>\n However, the PDM government sought the reconstitution<\/a> of the five-member bench \u2014 led by Chief Justice of Pakistan Umar Ata Bandial and comprising Justice Ahsan, Justice Munib Akhtar, Justice Syed Hasan Azhar Rizvi and Justice Shahid Waheed \u2014 hearing the pleas against the formation of the commission.<\/p>\n In its application, the PDM government had asked CJP Bandial, Justice Ahsan, and Justice Akhtar to distance themselves from the bench since \u201crules of natural justice\u201d demanded that the \u201cadjudicator should be impartial\u201d.<\/p>\n Having Justice Bandial on the bench hearing the matter that seeks to challenge the inquiry commission on audio leaks pertaining to a very close family member of CJP \u201ccontributes to and raises grave concerns vis-a-vis appearance of impartiality\u201d, the application had alleged.<\/p>\n \u201cThese objections 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 applicant,\u201d the petition had said, adding the conflict of interest also does not pertain to pecuniary or proprietary interests.<\/p>\n Moreover, in addition to the objection raised about the presence of the CJP on the bench, the application had pointed out that the audio leaks also concerned two other members, Justice Akhtar and Justice Ahsan.<\/p>\n One audio leak pertains to a conversation<\/a> between petitioner Abid Zuberi and the then chief minister, discussing a case of CCPO Ghulam Mehmood Dogar. The bench hearing the case was headed by Justice Ahsan.<\/p>\n Similarly, another audio leak was about a conversation<\/a> between a senior lawyer\u2019s wife and the mother-in-law of the CJP, wherein reference was made to Justice Akhtar.<\/p>\n \u201cConsequently, propriety and good sense dictate and demand that Justice Ahsan and Justice Akhtar may also graciously recuse themselves from hearing the captioned petition,\u201d the application had said.<\/p>\n