ISLAMABAD: The Pakistan Tehreek-e-Insaf (PTI) Monday challenged the judicial commission, formed to investigate the recent audio leaks in the Supreme Court. PTI Chairman Imran Khan filed the petition and made the federation and the Ministry of Interior as respondents.
He questioned whether the federal government could select a judge of a superior court “on its own, to sit in any judicial commission” without the “prior sanction and approval of the chief justice”. It says the only forum to investigate, proceed against a judge is the Supreme Judicial Council (SJC).
The PTI requested that the top court declare the government’s notification [for the constitution of the judicial commission] as “ultra vires to the Constitution”. It further prayed that “a judicial commission may kindly be constituted in the light of judgment passed” by the SC regarding the “illegal phone tapping…to meet the interest of justice”.
Government sets up judicial commission to investigate audio leaks
The Cabinet Division on May 20 issued a notification for setup of the judicial commission to investigate the controversial audio leaks. The Commission is headed by Justice Qazi Faez Isa, senior puisne judge of the Supreme Court and comprises Chief Justice Balochistan High Court Naeem Akhtar Afghan and Chief Justice Islamabad High Court Aamer Farooq.
The commission is tasked to investigate the leaked audio clips allegedly involving some current and former members of the superior judiciary and their family members to determine their “veracity” and “impact on the independence of the judiciary.” It further questioned what the effect of the formation of the commission by the federal government was, “without taking into consideration of the provision of Article 175(3) as well as the judgment delivered in Sharaf Faridi and others, where under the judiciary stands separated from the Executive for all purposes and intents”.
“No judge can be nominated for the commission without the permission of the chief Justice of Pakistan,” the petition stated. The only forum for investigation or proceedings against a judge is the SJC, it added.
The petition asked if the commission could go into the details “of an alleged telephone taping” after the top court, in a case regarding former prime minister Benazir Bhutto, declared telephone tapping “against the fundamental rights.”
Copyright Business Recorder, 2023