The judges have begun a “open” investigation into the leaking of audio evidence.
Justice Isa has stated that the investigation is not criminal in nature and does not fall under the purview of the Supreme Court.
ISLAMABAD:
On Monday, a judicial panel headed by Justice Qazi Faez Isa announced that it would launch an investigation into the truth of recent audio leaks and their “impact on the independence of judiciary,” and that the hearings would be open to the public.
At the onset, orders were given for things like publishing advertisements ahead of the weekly (Saturday) proceedings and issuing new SIM cards and mobile phones for communication with the federal government.
Justice Isa has argued that these contact details, along with an email address, should be made public so that anyone with information can submit it to the commission.
He added that there would be no interference from the Supreme Judicial Council because the investigation was not criminal in character.
Everyone participating will be treated with dignity and politeness, and they are asked to return the courtesy in their responses. We’re only looking into things; we have no intention of taking any kind of legal action.
Justice Isa reaffirmed that the commission would accept information from anyone who wished to offer it, but that the source of the information must be made clear. Without knowing who provided the information, it would be useless.
Commission members Chief Justice Aamer Farooq of the Islamabad High Court and Chief Justice Naeem Akhtar Afghan of the Balochistan High Court requested full recordings and transcripts of eight audio clips that had been made public via social media in recent weeks.
If errors were identified in the transcripts, the panel threatened to take action against the appropriate officials. The federal government was given until May 24 to provide over the aforementioned recordings and other relevant information.
Justice Isa requested the full contact information for everyone who was allegedly involved in the leaked audio conversations.
Attorney General of Pakistan Mansoor Usman was also present at the Supreme Court and read the ToR for the judicial commission.
Commissions of Inquiry Act 2016 was invoked, as AGP Usman explained, and all conclusions would be made public. New SIM cards and mobile devices are to be distributed by the AGP within 24 hours.
With the exception of potentially sensitive subjects, which may warrant in-camera sessions, it was agreed that the commission’s normal proceedings would also be accessible to the public.
All hearings were also ordered to take place in Islamabad’s Supreme Court building. However, Justice Isa noted that the list of parties before the panel included two elderly women, and that the commission might travel to Lahore to accommodate them if such a motion were made.
Justice Isa suggested making the commission’s contact information public in order to shed light on the investigation’s methodology. He told the AGP to find a forensics lab in Punjab that can check the recording and report back to the committee, mentioning that the Punjab Forensic Science Agency was one possibility.
Justice Isa said a representative from the forensic agency should be present in the courtroom during proceedings in case anyone makes claims before the commission that the voice in the audio leak is not theirs or that the recording has been tampered with, and the agency must verify these claims.
The AGP was tasked with notifying all relevant parties that proceedings had begun and serving them with notices demanding compliance.
The bench has requested photographic or signed confirmation of the recipient’s identity as proof of this.
Justice Isa emphasised that government employees were already obligated to comply, but that the commission had the ability to issue summonses to parties that failed to comply with the procedures.
Hafeezullah, formerly the BHC’s Deputy Registrar, will now serve as the commission’s secretary.
In order to get in touch with the commission, you must go through the secretary at 03015579326.
On May 20, the federal government informed the three-person commission.
The Cabinet Division announced on Saturday that SC senior puisne judge Qazi Faez Isa will be heading up a three-person judicial commission that also includes the chief justices of the Balochistan High Court and the Islamabad High Court.
Since the Supreme Court has taken suo motu notice of the delay in announcing 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.
According to the notification, the widely disseminated recordings cast severe doubt on the impartiality, integrity, and independence of chief justices and judges of superior courts.
A series of audio leaks apparently involving SC judges and their families have surfaced following the beginning of the highest court’s suo motu hearings regarding holding elections of two provincial assembly within 90 days.
However, the highest court has exercised judicial restraint by not starting a new case to address the matter.
