ISLAMABAD: The Supreme Court stopped the Islamabad High Court (IHC) from proceeding in cases of former Chief Justice of Pakistan Saqib Nisar’s son and Imran Khan’s wife Bushra Bibi in audio leaks.
A two-judge bench of Justice Aminud Din Khan and Justice Naeem Akhtar Afghan, on Monday, heard the federal government’s petition against the IHC’s orders.
The bench restrained the IHC from taking any further action in the audio leaks case and declared that the orders it issued on May 29 and June 25 were beyond its ambit. It issued notices to former prime minister’s wife Bushra Bibi and ex-CJP’s son Najam Saqib.
The federal government on July 05, 2024 submitted that the impugned order passed by the single bench of the IHC in WP No 1805/2023, is illegal, against the law and facts of case. Hence, the same is untenable & liable to be set aside.
It submitted that the IHC single bench has exceeded its jurisdiction by taking suo motu notice by constituting a joint committee. Hence, the impugned order is not legally sustainable and thus liable to be interfered by the apex court.
During the proceeding, the Court said that the High Court has no power to take suo moto notices, adding the IHC’s orders of May 29 and June 25 are beyond its authority.
Justice Amin asked if the High court has determined who is recording the audio. The additional attorney general said this has not been determined as yet, and the investigation is ongoing. Justice Naeem said unfortunately no one wants to reach the truth in this country.
Justice Naeem said an inquiry commission was formed to find out the truth and the Supreme Court issued a stay order on it. He noted that an inquiry commission was formed to investigate the veracity of audio leaks, but the Court (SC), upon the orders of the former chief justice, had to stay the decision.
Justice Naeem further said that since then the audio leaks case has not been fixed again, adding when parliament tried to find out the truth, it was also stopped. “If neither parliament nor the Supreme Court will be allowed to work, how the truth will come out,” the judge asked.
Justice Amin said maybe those who are part of the conversation leaked the audio themselves, as every mobile phone has recording capabilities nowadays. “Has this aspect been checked? Nowadays, every mobile has a recording system.”
A single bench of Justice Babar Sattar on June 25 rejected the additional attorney general’s request to hold in-chamber hearing in the audio leaks case and declared that any action of phone tapping without a legal mechanism was illegal.
The single bench of the IHC has erred in law by giving different directions through the impugned order while going beyond the pleadings of the parties. It was no one case before the IHC for such directions. It is an established law by the superior courts that the High Court does not have jurisdiction under Article 199 of the Constitution to take a suo motu notice.
On April 29, 2023, an alleged audio of former chief justice of Pakistan Saqib Nisar’s son Najam Saqib’s conversation with Abuzar, who got a PTI ticket for PP-137 of the Punjab Assembly became viral on the social media along with the electronic media.
Upon becoming the alleged audio leaks viral and discussion thereon in the National Assembly, the Speaker National Assembly took notice of the same and constituted a special committee vide circulation dated 02-05-2023 to audit, inquire and investigate the petitioner’s (Najam) alleged audio leaks. He then filed a petition before the IHC.
An audio purportedly of PTI leader Zulfi Bukhari was leaked on December 8, 2022 and former prime minister Imran Khan’s wife Bushra Bibi discussing the sale of watches owned by Imran Khan.
Copyright Business Recorder, 2024
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