The 3-member judicial commission will probe the veracity and implications of the purported phone taps hinting at malpractice in the superior judiciary.
By Naveed Naqvi
ISLAMABAD: The government has finally taken notice of a string of damning audio leaks purportedly from telephone conversations indicative of judicial malpractice, appointing a 3-member judicial commission to look into the matter.
The tapped calls ostensibly involve sitting and former SCP judges, in addition to a top lawyer and a former chief minister of the Punjab province.
Dated May 19, 2023, the gazette notification that came to the fore Saturday requires the Commission headed by the Supreme Court of Pakistan (SCP) puisne senior judge Justice Qazi Faez Isa has been asked to initiate the inquiry immediately and submit its report within thirty days.
The other two members of this high-powered commission will be Chief Justice Islamabad High Court (IHC) Justice Aamir Farooq and Chief Justice Balochistan High Court (BHC) Justice Naeem Akhtar.
The notification requires the Commission “to inquire into the veracity” of eight audio clips it identifies as having a bearing on “independence, impartiality and uprightness” of certain judges of the superior courts “in the administration of justice”. It says the audio leaks have “eroded public trust” in the institution of judiciary.
It further obligates the Commission “to inquire into the correctness of the allegations … allegedly regarding son in law of the Chief Justice of the Lahore High Court influencing judicial proceedings before the Lahore High Court, Lahore”.
The Commission has been asked to determine (a) violation, if any, of integrity of the process of administration of justice, independence of judiciary, right to fair trial, and equality of citizens; (b) the liability incurred by any or all persons named in the alleged audio leaks against or any other person or public office holders including under the Pakistan Penal Code, 1860 or any other law; and “as to whether any disciplinary proceedings are attracted”.
Finally, the Commission has been required to fix the responsibility of any person or public office holder aiding and abetting by any act in violation of the laws of Pakistan so determined; to recommend any necessary legal action by any agency, department or person
Also within the ambit of the Commission will be to rule if the stated audios are fake or fabricated, and to determine who is making these and recommend action to be taken in this regard.
The notification says: “Under the Constitution of Islamic Republic of Pakistan, the independence, integrity and character of Chief Justices/Judges is of utmost importance for keeping the public trust and confidence in the administration of justice.
“Judiciary is one of the main pillars under the Constitution and the society’s confidence is shattered when independence of the Judiciary is tarnished.”
The Attorney General of Pakistan, along with the federation and the provinces, has been asked to support the commission.
The notification may be read or downloaded below.
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