In Islamabad, the Supreme Court handed down a decision on Friday,dismissing the Pakistan Democratic Movement (PDM) government’s objectionsto the bench assigned to hear petitions challenging the audio leakscommission.
Justice Ijazul Ahsan, while announcing the reserved judgment,characterized the raised objections as “an attack on the judiciary.” Thefive-member like-minded larger bench, led by Chief Justice of Pakistan(CJP) Bandial, had accused the PDM government of causing delays in courtproceedings and failing to implement orders related to the Punjab Assemblyelections.
The court, despite facing such actions from the federal government withtolerance, emphasized that the refusal to implement a final and bindingcourt judgment could entail consequences as outlined in the Constitution.
Previously, the former coalition government had expressed objectionsregarding the presence of Chief Justice of Pakistan Umar Ata Bandial,Justice Ijazul Ahsan, and Justice Muneeb Akhtar on the bench handling thecase. On May 26, the Supreme Court had temporarily halted the proceedingsof the commission led by Justice Qazi Faez Isa, which also includedBalochistan High Court Chief Justice Naeem Akhtar Afghan and Islamabad HighCourt Chief Justice Aamer Farooq.
In a written order, the Supreme Court noted that Attorney General forPakistan (AGP) Mansoor Awan had raised objections, citing “conflict ofinterest,” regarding the inclusion of the three judges on the bench. Duringthe hearing, Awan argued for the separation of these judges from the bench,while the petitioner’s lawyer presented counterarguments.
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After considering both sides’ arguments, the court reserved its verdict,affirming that the order issued on May 26 would remain in effect until theobjections raised regarding the bench’s formation were resolved. Thehearing for the case was adjourned indefinitely.
The order underscored that a well-established constitutional principle hadbeen breached, as the federal government appeared to have actedunilaterally in this matter without seeking the Chief Justice’s permission.The commission’s task was to investigate alleged audio recordings,including one featuring the voice of Justice Naqvi, along with othersignificant audio clips, including that of Advocate Khawaja Tariq Rahim.
