‘Leaked audios of judges’ will be investigated by a team of judges led by Isa.
A commission of three, led by Justice Qazi Faez Isa, has been notified by the government.
ISLAMABAD: . The federal government has established a judicial panel to investigate the “veracity” and “impact on the independence of the judiciary” of more than half a dozen leaked audio clips reportedly involving certain current and past members of the superior judiciary and their families.
The Cabinet Division announced on Saturday that the three-person judicial commission would be headed by senior puisne judge Qazi Faez Isa of the Supreme Court and would also include the chief justices of the Balochistan High Court, Naeem Akhtar Afghan, and the Islamabad High Court, Aamer Farooq.
However, the judges have not yet indicated whether or not they are willing to serve on the commission.
Since the Supreme Court has taken suo motu notice of the delay in the announcement of polls in Punjab and Khyber Pakhtunkhwa, a committee has been formed under Section 3 of the Inquiry committee Act, 2017 to investigate the audios that have surfaced in recent months.
The notification stated that severe concerns had been raised concerning the chief justices and judges of superior courts’ independence, impartiality, and uprightness in the administration of justice due to the widely disseminated audio recordings.
To paraphrase the report, “Such audio leaks have eroded public trust [in the judiciary], and serious concerns have been raised by the general public regarding the independence, impartiality, and uprightness of the former chief justices/judges of superior courts.”
According to the Constitution, public trust and confidence in the administration of justice depend critically on the independence, integrity, and character of chief justices and judges.
When the “confidence of society is shattered when independence of judiciary is tarnished,” it reads, “the judiciary is one of the main pillars under the Constitution.”
In order to restore not only the credibility of the judiciary but also public trust and confidence in the judiciary in the larger public interest, the notification said it is imperative to investigate the authenticity, correctness, and veracity of these audio leaks.
The commission’s ToRs state that it will look at eight different recordings.
It will also look into whether or not the claim that the chief justice of the Lahore High Court’s son-in-law is trying to sway court cases is true. Justice system integrity, judicial independence, the right to a fair trial, and citizen equality will all be evaluated.
It will decide whether or not any disciplinary procedures are warranted and whether or not any of the individuals named in the purported audio leaks are liable under the Pakistan Penal Code, 1860 or any other law.
“[It will] fix the responsibility of any person or public office holder assisting and abetting by any act in violation of the laws of Pakistan so determined [and] suggest any appropriate legal action by any agency, department, or person.
“If the stated audios are fake or fabricated, to inquire into and fix responsibility with regards, as to who is making these and recommend action to be taken in this regard; and any matter ancillary and incidental thereto or which the Commission deems fit to inquire into in the interest of justice.”
According to the announcement, the commission will have all the authority specified in Section 10 of the Act.
All federal and provincial governments are required to assist the commission in carrying out its duties and adhere to any orders it issues.
To conduct the mandated investigation, the commission might set up a secretariat and hire a secretary at taxpayer expense. The Attorney General of Pakistan (AGP) will work with the panel and give it access to any relevant information or evidence it requests.
Within 30 days after receiving notified of its constitution, the commission will have begun its investigation and will have completed its investigation and submitted its findings to the federal government. But if the commission needs more time, the federal government will provide it,” the statement continued.
The government will often ask the CJP to appoint a judge to head such a commission. A high-ranking government official, however, has stated that the legislation does not mandate obtaining the CJP’s permission before releasing the audio tape in question.
After an audio recording of the judge speaking with a previous chief minister leaked, the higher courts filed a complaint against the judge.
The son of former Chief Justice Saqib Nisar has been linked to purported audio leaks, and earlier in May, the National Assembly passed a motion urging the formation of a special parliamentary committee to probe the matter.
As the Supreme Court’s suo motu proceedings into the scheduling of elections for two provincial assemblies within 90 days have progressed, many audio leaks supposedly including SC judges and their families have emerged.
But the highest court has exercised judicial restraint by not starting a new case to address the matter.
