Committee formed to probe audio leaks targeting 'independence of judiciary'

The government Saturday constituted a three-member commission to investigate multiple audio leaks pertaining to the judiciary.

The commission would be headed by senior puisne judge of Supreme Court Justice Qazi Faez Isa, while Balochistan High Court Chief Justice Naeem Akhtar Afghan and Islamabad High Court (IHC) CJ Aamer Farooq have been named as members.

The commission has been directed to complete the task within 30 days.

Among the multiple audio leaks, the commission will also probe into the veracity of the alleged call between former Punjab chief minister Chaudhry Parvez Elahi and a sitting SC judge as well as another call between CM Elahi and a SC lawyer over the constitution of an apex court bench.

Sharing the reasons behind constituting the committee, the cabinet division’s notification stated that it was a result of the recent widely circulated controversial audios pertaining to the judiciary including the former chief justice and judges of the Supreme Court which raised “serious apprehensions about the independence, impartiality and uprightness of the Chief Justices/Judges of the Superior Courts in the administration of justice”.

The government said the audio leaks raised serious apprehensions about the independence of the judiciary in the public interest; therefore, it has constituted the commission under Section 3 of the Pakistan Commissions of the Inquiry Act, 2017.

It stated that such audio leaks have eroded public trust and serious concerns have been raised by the general public regarding the independence, impartiality and uprightness of the chief justice and judges of the superior courts.

The notification mentioned that the judiciary is one of the main pillars of the Constitution and the society's confidence gets shattered when the independence of the judiciary is tarnished.

“It is imperative to inquire into the authenticity, correctness and veracity of these audio leaks in order to restore not just the credibility of the judiciary but also the public trust and confidence in the Judiciary in the larger public interest, as a matter of definite public importance,” it added.

This dirty saga of audio leaks began soon after former prime minister Imran Khan was ousted from office last year through a no-confidence motion. However, it took an ugly turn when a series of leaks started coming to the fore related to sitting judges, their family members and the leaders of Pakistan Tehreek-e-Insaf (PTI).

PTI Chairman Khan had also approached the Supreme Court seeking intervention in the matter but no action was taken in this regard.

Audio leaks to be investigated

• Call between former Punjab chief minister and an advocate regarding a sitting judge of the Supreme Court of Pakistan.
• Call between former Punjab chief minister and an advocate about fixation of some cases before a particular SC bench.
• Call between former Punjab chief minister and a sitting apex court judge.
• Call between former chief justice of Pakistan Saqib Nisar and a senior lawyer.
• Call between a lawyer and a journalist on the outcome of a case before a particular SC bench.
• Call between former Prime Minister of Pakistan Imran Khan and his party colleague about their links in the apex court.
• Call between mother-in-law of CJP Umar Ata Bandial and wife of a lawyer regarding SC cases and conversation about an un-constitutional rule.
• Call between ex-CJP Nisar’s son Najam Saqib and his friend mentioning his father in a political role.

Terms of reference

The terms of reference (TORs) of the commission include inquiring the authenticity of the audio leaks allegedly concerning the judiciary; probe into the accuracy of allegations surfacing on print, electronic and social media allegedly involving LHC top judge Muhammad Ameer Bhatti’s son-in-law influencing judicial proceedings before the provincial top court; to determine violation, if any, of the integrity of the process of administration of justice, independence of judiciary, right to fair trial and equality of citizens; to determine the liability incurred by any or all persons named in the alleged audio leaks against or any other person or public office holders including under the Pakistan Penal Code, 1860 or any other law; and to determine as to whether any disciplinary proceedings are attracted.

The TORs also include fixing the responsibility of any person or public office holder aiding and abetting by any act in violation of the laws of Pakistan so determined; recommending any necessary legal action by any agency, department or person; inquiring into and fixing responsibility with regards who is making the audio and whether they are fake or fabricated, while also recommending action to be taken against them; and the commission may inquire into any matter related to the case in the interests of justice.

The notification mentioned that the commission shall have all the powers granted to it under the Act and including those mentioned in section 10 of the Act. It directed all executive authorities — in federation or provinces — to comply with and aid the commission in discharging its function as well as comply with its directives.

“The Commission will be entitled to establish a Secretariat and appoint Secretary for the stated inquiry at the cost of the Federal Government. The Attorney General for Pakistan shall assist the Commission and provide the Commission with all documents and material that it requires,” the government’s notification read.

The commission, according to the notification, shall initiate the inquiry immediately and conclude the inquiry. The Justice Isa-led commission has been asked to submit its report to the federal government within 30 days, while time will be granted if required by the commission.

‘CJP Bandial not consulted’

Meanwhile, Federal Minister for Law Azam Nazeer Tarar said that Chief Justice Umar Ata Bandial was not consulted before the formation of the probe panel.

The minister further said that the LHC Chief Justice Muhammad Ameer Bhatti has also not been included in the commission.

When asked to comment on the need for a probe into the matter, Tarar said: “The reputation of the institutions was affected by the audio leaks".

The minister further stated that the commission had been formed under the Pakistan Commissions of the Inquiry Act, 2017, which authorised the federal government to constitute a commission.

He said that the federal government had formed the commission under this law earlier as well.

He said that one of the senior-most judges of the Supreme Court had been made the commission's chief.