ISLAMABAD: The Supreme Court will announce Friday (Sept 8) the verdict on the recusal of judges from a five-member bench which was hearing the petitions against the inquiry commission constituted by the Pakistan Democratic Movement (PDM) government to probe the veracity of the audio leaks.
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 31, after hearing the arguments of the counsels had reserved the verdict regarding the matter.
The federal government had requested Chief Justice Umar Ata 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 26-05-23, 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.”
The five-judge bench on May 26 had stayed the proceedings of the inquiry commission, comprising 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.
The federal government, on May 20, set up the Commission in the exercise of its power under Section 3 of the Pakistan Commissions of the Inquiry Act, 2017, to inquire into the veracity of the wide circulations of audio in the media and social media. The court order says; “… till the next date of hearing (May 31), the operation of the impugned notification NoSRO596(I)/2023 dated 19.05.2023 issued by the federal government is suspended as is the order dated 22.05.2023 made by the Commission and in consequence thereof proceedings of the Commission are stayed.”
Copyright Business Recorder, 2023