ISLAMABAD: The Islamabad High Court (IHC) Friday reserved verdict over maintainability of a petition seeking the court’s directions for constitution of a high-powered inquiry commission for verifying the audiotape of former chief justice of Pakistan Saqib Nisar.
A single bench of Chief Justice Athar Minallah heard the petition moved by president of Sindh High Court Bar Association (SHCBA) Salahuddin Ahmed advocate and member of the Judicial Commission of Pakistan (JCP) Syed Haider Imam Rizvi and reserved the judgment after hearing the arguments of both the sides.
During the hearing, Advocate General for Pakistan (AGP) Khalid Jawed Khan, Additional Attorney General Qasim Wadood, and Deputy Attorney General Tayyab Shah appeared before the bench.
The petitioner lawyers argued that the former top judge dented the prestige of the judiciary and the matter should be investigated by the commission as it is a matter of accountability of the judges.
The AGP opposed the constitution of the commission and said the matter of alleged audio leak is not legal but a political issue and the plea seeking formation of commission should be rejected.
He argued that the video is not available, the applicant after picking a thing merely from the internet is asking for the formation of a probe commission. He added that one person’s audio clip had made the entire judiciary appear compromised.
While referring to the alleged affidavit of former chief judge of Gilgit-Baltistan, in which, he has claimed that ex-CJP Saqib Nisar influenced the case against former premier Nawaz Sharif and his daughter Maryam Nawaz, the AGP continued that what is the difference between the petitioner and Rana Shamim?
The AGP contended that no inquiry was ordered when a CJP was attacked, or when a briefcase full of cash was sent to someone and the judiciary did not appear compromised when a prime minister was hanged.
He stated that an investigation into the audio scandal will affect the ongoing case against Rana Shamim and former prime minister Nawaz Sharif in the IHC. He further said that the petition should be rejected as it could affect the pending case. The court should not get involved in this matter.
At this, the IHC chief justice remarked that his arguments were alarming. The AGP said even if a commission is formed, can there be any guarantee that the pending appeal would not be affected? He added that another reason for the plea to be rejected was that the petitioner claims he does not possess the original audio.
Salahuddin Ahmed argued if they would keep leaving everything to past judgments, history would continue repeating itself. The lawyer said he considered himself an victim of the audio clip scandal. He added whether it is Nawaz Sharif or Allah Rakha, his problem is the role of his chief justice.
The court after hearing the arguments reserved its verdict on the maintainability of the petition. The petitioners have sought the formation of a commission to ascertain the truth behind the alleged audiotape of ex-CJP Saqib Nisar and probe other allegations against the judiciary.
They adopted that the audiotape has tarnished the image of the judiciary and to protect the independence of the judiciary, it is important to determine whether Justice (retd) Nisar’s audio is genuine or fake. The petitioners mentioned five major allegations leveled against the higher judiciary in the last four years.
The first is the alleged WhatsApp call; the second is the revelations of Justice Shaukat Aziz Siddiqui; the third is the video of late Judge Arshad Malik, which was played by the PML-N leader, Maryam Nawaz, in her press conference; the fourth is Rana Shamim’s statement, and the fifth is an audiotape attributed to Justice (retd) Nisar.
Copyright Business Recorder, 2022