Ex-CJ Nisar is once more in the news because of audio leaks.
Former top judge instructs Tariq Rahim to research the suo motu case in which contempt proceedings prevented Gilani from becoming prime minister.
ISLAMABAD: A clip purportedly featuring former Pakistani Chief Justice Mian Saqib Nisar and PTI legal advisor Khawaja Tariq Rahim surfaced on social media on Tuesday. In the clip, both men are heard conversing about legal issues that appear to be of political importance.
The political climate of the nation was roiled a day earlier by an audio recording of two women speaking, one of whom was reportedly the mother-in-law of a sitting Supreme Court judge and the other was thought to be Rahim’s wife from the PTI.
The primary actors themselves, though, were apparently heard in the audio recording that was leaked on Tuesday.
After greeting each other in Punjabi, Nisar is allegedly heard directing Rahim’s attention to a certain verdict by a seven-judge court.
It is suo motu number four of 2010, reportedly in response from Nisar. The former chief justice allegedly said, “Sir, it is a seven-member judgment recorded on Supreme Court 2012 page 553.
The PTI attorney can be heard replying that he will investigate the matter.
“Tell your lawyer, whoever he may be, to carefully read it. It states that if… never mind, you’ll know when you’ll read it,” continues the voice that is purported to be Nisar.
“I have also seen the ruling from the seven-member bench that says till the act is not formulated… Rahim is heard saying, “If you read it attentively, clause three has it.
Nisar seems to affirmatively respond. Yes, I have seen it, sir. That is unquestionably our exit strategy, the former top judge allegedly added.
The other responds, “That is the way out.”
The former CJP allegedly said, “Because otherwise, there was no case in the first place,” to which the lawyer allegedly also admitted.
According to the former CJP, the Munir Ahmed Khan [verdict], which is a blatant instance of contempt of court, can be used by any member of the PTI legal team who is prepared to do so.
Rahim apparently responds, “That too… that too,” to which the former CJP allegedly responds, “After what happened in Azad Jammu and Kashmir, I don’t think there is any.”
Rahim allegedly cut off the other man and stated that they were merely waiting for the decision of the three-member bench.
“It might take another 30 minutes. Following that, we are launching a contempt application,” the voice that is thought to be Rahim’s continues.
The supposed audio leak discusses the suo motu case from 2010, which involved Yusuf Raza Gilani, a former premier, and the contempt proceedings in which the supreme court pronounced him unable to serve in that position in 2012.
The audio leak has come to light just days before the hearing of a case involving the elections in Punjab and Khyber-Pakhtunkhwa is scheduled to resume before a top court panel, consisting of CJP Umar Ata Bandial, Justice Ijazul Ahsan, and Justice Munib Akhtar.
Earlier this month, the SC ordered the Election Commission of Pakistan (ECP) to hold general elections in Punjab on May 14 during a hearing on a PTI plea, but the ruling was disregarded by the administration.
The political parties were given a week by the top court last week to agree on a date for the polls so that they could all take place on the same day.
On April 27, the SC is anticipated to resume hearing the case.
Defence Minister Khawaja Asif tweeted his disappointment after hearing the audio in response to the video.
He continued by saying that former CJP Nisar has taken his vendetta against PML-N leader and former premier Nawaz Sharif far enough.
“You punished Nawaz Sharif as retaliation for him. How long will you eat this poison?” he continued.
Marriyum Aurangzeb, the minister of information, also expressed her absolute disdain on Twitter.
She described the ongoing constitutional dilemma as a battle between “mothers-in-law and Dam Baba vs. Constitution of Pakistan,” adding that “time is running out” and that the “competition is tough.”
Speaking at a recent conference, Law Minister Azam Nazeer Tarar described the clip as “unfortunate”.
The former top judge, he continued, should exercise more caution as a result of “people’s perception” of him.
According to Azam, the dialogue made it quite evident that the former CJP was advising the PTI on what had to be done.
He can be heard making judgmental statements. This is a very challenging scenario, he continued.
He regarded the audio recording as a robbery of his “fundamental rights” and a violation of his right to privacy.
“I am a Pakistani citizen and former Chief Justice of Pakistan. I offer free counsel to those in authority. I offered advise to Khawaja Tariq Rahim, a friend, he stated.
Ex-CJP Nisar, however, questioned the veracity of the audio clip.
