By Staff Reporter
ISLAMABAD: The opposition Pakistan Tehreek-e-Insaf (PTI) party has filed a petition with the Supreme Court challenging the formation of a judicial commission to probe the audio clips leaked on social media involving some current and former judges and their relatives.
The petition, submitted by the party chief Imran Khan, named the Federation of Pakistan, the Ministry of Interior, and the Ministry of Law and Justice as respondents.
It raised concerns about the government’s authority to appoint a judge from a superior court to serve on a commission without prior approval from the relevant chief justice.
The petition also questioned whether a commission had the jurisdiction to investigate alleged phone tapping, which the apex court had previously deemed a violation of fundamental rights.
Arguing that the government’s terms of reference for the commission were politically motivated and aimed at undermining judicial independence, the petition contended that the Supreme Judicial Council (SJC) should be the sole authority to address complaints against judges, rather than an executive-appointed commission.
The petition urged the court to declare the notification establishing the commission as ultra vires to the Constitution and to form a new commission in line with the Supreme Court’s ruling on illegal phone tapping.
The judicial commission, led by Justice Qazi Faez Isa, was established on May 20 under Section 3 of the Pakistan Commission of Inquiry Act 2017, with a mandate to complete its task within one month.
The commission includes Chief Justice Naeem Akhtar Afghan of the Balochistan High Court and Chief Justice Aamer Farooq of the Islamabad High Court.
The commission’s mandate is to probe the authenticity and impact of the leaked audio recordings on judicial independence. It has been granted powers to assign responsibility to those involved in phone tapping and, if necessary, seek international cooperation.
On Monday, the commission convened its inaugural meeting and Justice Isa emphasised that the commission’s purpose was to collect information rather than take punitive action against anyone.
He stated that proceedings would be public unless a witness or party requested otherwise.
The commission may travel to Lahore to record statements from elderly women, and arrangements will be made to play and verify audio recordings during the hearings.
Justice Isa assured that the commission would respect the jurisdiction of the SJC and refrain from initiating action against any judge. He emphasized the commission’s preference for issuing notices rather than summons to uncooperative individuals.
Additionally, advertisements will be published in newspapers to encourage the public to provide information regarding the leaked audio clips.
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