The Supreme Court (SC) rejected on Friday then-Pakistan Democratic Movement (PDM)-led government’s objection against the five-member bench led by Chief Justice of Pakistan Umar Ata Bandial hearing the alleged audio leaks.
On May 31, a five-judge bench, headed by the CJP and comprising Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Syed Hasan Azhar Rizvi, and Justice Shahid Waheed had reserved the verdict regarding the matter after hearing the arguments of the counsels.
During the hearing today, Justice Ahsan announced the verdict, saying that the objections were “an attack on the independence of the judiciary”.
The then PDM government had requested Justice Bandial, Justice Ijazul Ahsan, and Justice Munib Akhtar to recuse from a five-member bench hearing the petitions against the formation of the inquiry commission.
The government had contended that a fair justice system demands and sustains upon the existence of any impartial judge, being a principle - that “no man shall be a judge in his own cause.”
It pointed out that, on May 26, the federation requested the chief justice to recuse from the bench, but that was not entertained whilst placing reliance upon the Supreme Court judgments.
It was argued before the bench that Article IV of the Code says; “A judge must decline resolutely to act in a case involving his own interest, including those of persons whom he regards and treats as near relatives or close friend.”
Bench on audio leaks case: SC to announce verdict on recusal of judges today
The audio leaks in question involve a number of high-profile individuals, including Prime Minister Imran Khan, former Prime Minister Nawaz Sharif, and former Chief Justice Saqib Nisar.
One audio leak was about a conversation between a senior lawyer’s wife and the mother-in-law of the CJP, wherein reference was made to Justice Akhtar.
The leaks were widely circulated on social media and caused a great deal of political and legal controversy.
On May 19, the federal government constituted the judicial commission to investigate the audio leaks and to recommend action against those responsible for their release.
Ruling on the petitions filed by PTI Chairman Imran and others, which challenged the formation of the commission, the SC ruled that the government did not have the authority to constitute such a panel without its approval. The court also expressed concern that the panel’s proceedings could interfere with the ongoing investigation by the Federal Investigation Agency (FIA).
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