SC disposes of plea against Justice Isa, others

01 Aug, 2023

ISLAMABAD: The Supreme Court disposed of contempt petition against Justice Qazi Faez Isa and two other members of the Inquiry Commission.

Chief Justice Umar Ata Bandial on Monday after hearing the petitioner, advocate Riaz Hanif Rahi, in chambers disposed of his petition as he withdrew it.

Advocate Rahi in the first week of June 2023 had filed the contempt petition against the members of inquiry commission – Justice Qazi Faez Isa, senior puisne judge Supreme Court, Chief Justice High Court of Balochistan Naeem Akhtar Afghan, and Chief Justice Islamabad High Court Aamer Farooq – that despite the suspension of the notification by a five-member bench of the Supreme Court they conducted the hearing of the commission.

The federal government, on May 20, had set up the Commission comprising Justice Isa, senior puisne judge Supreme Court, Chief Justice High Court of Balochistan Afghan and Chief Justice Islamabad High Court Farooq to inquire into the veracity of the wide circulations of an audio in the media and social media.

However, a five-judge bench, headed by Chief Justice Umar Ata Bandial and comprising Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Syed Hasan Azhar Rizvi, and Justice Shahid Waheed, on May 26, had suspended the operation of the notification of the constitution of an inquiry commission to probe the audio leaks.

Advocate Rahi had contended in his contempt petition that the three members of the inquiry commission conducted their proceedings by “encroaching” upon Courtroom No 2 of the apex court till about 2pm without any legal authority.

He had argued that despite the top court’s stay order, Justice Isa conducted the commission’s proceedings for some other collateral purpose and the other two members remained silent. The petition stated that PML-N leader Maryam Nawaz had criticised the CJP after the larger bench’s May 26 order.

The SC Registrar office raised objections on Rahi’s petition. The registrar had pointed out the scandalous language used in the petition and noted that the petitioner had failed to specify what parts of the top court’s order were violated by the commission. Based on this, the registrar marked the petition as un-maintainable.

Copyright Business Recorder, 2023

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