ISLAMABAD -UNS: Senior puisne judge Justice Qazi Faez Isa, the head of a three-member judicial commission formed to probe alleged audio clips leaked on social media, adjourned indefinitely the body’s proceedings on Saturday — a day after a Supreme Court bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial ordered it to do so.
On May 20, the federal government had formed the commission to probe alleged audio leaks that sparked concerns regarding the independence of the judiciary.
Headed by Justice Isa, the commission also includes Balochistan High Court Chief Justice Naeem Akhtar Afghan and Islamabad High Court Chief Justice Aamer Farooq.
On Friday, the Supreme Court had stayed the commission’s proceedings, suspended the government’s May 19 notification of its appointment and also stopped the implementation of the commission’s May 22 order to conduct open hearings and make the findings public.
During the hearing today, Justice Isa cited the apex court’s “judicial order” while adjourning the meeting, and said the commission will issue a written order for today’s proceedings.
The meeting
At the outset of the hearing, Justice Isa addressed Attorney General for Pakistan (AGP) Mansoor Usman Awan, and said, “Attorney general sahib, I think a court order has been issued. Does anyone [here] have a copy of the court order?”
Subsequently, the AGP provided Justice Isa with a copy of the apex court’s verdict from yesterday and read it out aloud.
“The inquiry commission was not notified before the hearing so how was it stopped from its work?” Justice Isa asked after hearing the verdict.
“Why were you in the courtroom yesterday? Was there a notice [issued] or were you just sitting there [without a notice]?” Justice Isa asked AGP Awan.
The AGP answered, “I was verbally told that ‘you have to appear in court’. I was issued a notice after the hearing.”
Here, Justice Isa remarked, “According to the Supreme Court rules, an order is issued after hearing the respondents. None of the petitioners sent a notice to the commission.
“Implementation of the Supreme Court rules is mandatory. An affidavit regarding the notice is also given to the court.”
The judge noted that none of the petitioners had appeared before the commission today. “A press conference outside [the court] is held but no one appeared before us,” he remarked.
Justice Isa said neither the petitioner, Supreme Court Bar Association President Abid Shahid Zuberi, nor his counsel, Advocate Shoaib Shaheen, “bothered to appear today”.
Addressing the AGP, he asked, “Attorney general sahib, did you not inform the [Supreme] Court that the commission is not probing 209 (Supreme Judicial Council)?”
The apex court judge stated, “The court should have been informed about our order yesterday. Were they not supposed to come and tell what order was passed yesterday?”
Justice Isa, while asking for a copy of the verdict, remarked, “I also [happen to] know a little bit about the Constitution.”
At one point, Justice Isa asked, “Did Shoaib Shaheen say yesterday that whoever’s audio leak emerges, that judge’s matter will go straight to the Supreme Judicial Council?
“Dozens of such complaints come. Should we approve them and send them to the Supreme Judicial Council? Should we destroy someone’s life without knowing the authenticity of the audio?”
The judge observed that the matter of who recorded the audio was of secondary concern.
Justice Isa then ordered the AGP to read out aloud the oath taken by judges.
Subsequently, he noted, “It is written in the oath that I will perform my duties according to the Constitution and the law. This inquiry commission had been set up under a law.”
SC restrains commission from probe
At the hearing of a set of four petitions challenging Justice Isa-led commission in the audio leaks, CJP Bandial said, “I am sorry to say that efforts have been made regrettably, maybe unknowingly, to draw a wedge between the judges of the court.”
While pointing towards Attorney General for Pakistan (AGP) Mansoor Usman Awan, the CJP asked him to convey to the federal government to follow constitutional norms in letter and spirit instead of ignoring Article 175 concerning the superior judiciary.
The top court, later while postponing further proceedings till May 31, issued notices to the respondents including AGP Awan in terms of Order 27-A of the civil procedure code to assist the court.
At the outset of Friday’s hearing, the AGP drew CJP Bandial’s attention towards certain clauses of the notification of appointing the commission and requested the CJP to consider not hearing the matter, rather recuse himself from the bench, leaving the matter to his next in line (Justice Isa).
“We respect you as well as your client, because it is the government of Pakistan but all institutions of the country including the judiciary should be respected and protected,” the CJP observed, also expressing the regrets that the May 9 tragic events also had a silver lining as the vilification campaign against the judiciary receded afterwards.
