Senator Raza Rabbani calls the IHC stay of the proceedings of a special parliamentary panel a violation of Article 69 of the Constitution and of trichotomy of powers.
By Naveed Naqvi
ISLAMABAD: The Parliament and the Islamabad High Court (IHC) seemed on course to lock horns over the matter of purportedly incriminating telephone conversations leaked anonymously over the social media involving sitting and former judges and their family members.
The controversy emerged after Former Chairman Senate, Senator Mian Raza Rabbani issued a statement regretting “the continued intrusion in the internal proceedings of Parliament by the Judiciary” after Justice Babar Sattaf of the IHC suspended the summonses issued by a parliamentary panel to Najam Saqib, the son of former Chief Justice of Pakistan Saqib Nisar, in connection with a leaked phone call.
The 10-member special committee of the National Assembly was formed after the Supreme Court of Pakistan stayed the proceedings of a judicial commission headed by senior puisne judge Justice Qazi Faez Isa, appointed to look into the matter.
The IHC order came at the first hearing of a petition against the committee’s proceedings by Saqib, who had been summoned by the committee.
The IHC sought assistance from the Attorney General on the recording and audio leaks of private individuals’ telephone conversations.
Justice Babar Sattar has issued a written order to suspend the summons of the Parliament Committee to Najam Saqib, the son of the former Chief Justice.
In its 7-page order, the court has directed that the Federation, the Ministry of Interior, the Ministry of Defense and the Pakistan Telecommunication Authority (PTA) be made parties to the proceedings.
The court appointed five amicus curiae while directing all the parties to submit their responses.
Among them are Attorney General, senior parliamentarian Raza Rabbani, senior advocates Makhdoom Ali Khan and Mohsin Shahnawaz Ranjha, and veteran politician Aitzaz Ahsan.
The Court has also raised various questions on the issue, like: Whether the Constitution and the law allow the secret recording of citizens’ calls; If allowed, which authority can do so under which mechanism?
What safeguards are in place to keep such audio recordings confidential and prevent their misuse?
The Islamabad High Court also questioned that if there is no permission, which authority is responsible for the violation of privacy? Who should be held responsible for releasing the illegally recorded calls? And can Parliament inquire into the matter of a private person?
The court questioned whether the rules allow the Speaker to form a committee on leaks of private individuals’ conversations. Justice Babar Sattar has said that the notification of the formation of the committee is not being suspended while showing restraint in respect of the Parliament.
The court said the special committee’s summons to the petitioner Najam Saqib will remain suspended.
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