The federal government on Friday notified a three-member judicial commission, led by Supreme Court Justice Qazi Faez Isa, to probe audio leaks that have raised questions about the “independence, impartiality and uprightness” of judges of the superior courts in administering justice.
According to a notification issued by the Cabinet Secretariat, several audio leaks over the past year have eroded public trust and raised “serious concerns” about the impartiality of superior court judges. “Under the Constitution … the independence, integrity and character of chief justices/judges is of utmost importance for keeping the public trust and confidence in the administration of justice,” it said, stressing society’s confidence was shattered when the independence of judiciary was tarnished.
As the audio leaks have yet to be authenticated, read the notification, it was imperative—as a matter of public importance—to determine their veracity to restore both the judiciary’s credibility and the public’s trust in judiciary in the larger public interest. To ensure this, it said, the federal government was exercising powers conferred under Section 3 of the Pakistan Commissions of the Inquiry Act, 2017 to probe the audio leaks through the formation of a three-member committee led by Justice Isa and comprising Balochistan High Court (BHC) Chief Justice Naeem Akhtar Afghan and Islamabad High Court (IHC) Chief Justice Aamer Farooq.
Detailing the terms of reference of the commission, the notification said it would inquire into the veracity of leaked calls pertaining to the judiciary, including an alleged call between former Punjab Chief Minister Parvez Elahi and Justice Mazahar Ali Akbar Naqvi; Elahi and an advocate over bench-fixing; Elahi and an advocate over a sitting judge of the Supreme Court; a senior lawyer and former chief justice of Pakistan Saqib Nisar; between a layer and a journalist on the outcome of a case before a particular bench of the Supreme Court; between former prime minister Imran Khan and a member of his party about their links in the Supreme Court; between the mother-in-law of the chief justice of Pakistan and the wife of a lawyer regarding cases in the Supreme Court; and between the son of a former chief justice and his friend mentioning the CJ’s political role.
Additionally, it said, the commission would inquire into the veracity of the allegations that the son-in-law of the Lahore High Court chief justice was influencing proceedings before the LHC. It would also 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”; liability of any and all persons involved in the alleged leaks under any relevant law; whether any disciplinary proceedings were required; “to fix the responsibility of any person of public office holder aiding and abetting by any act in violation of the laws of Pakistan”; and to recommend any relevant legal action.
The commission would further inquiry into and fix responsibility for the audio leaks if they were found to be fake or fabricated and would have the authority to inquire into any additional ancillary matters it deemed in the interest of justice.
According to the notification, the commission would have all powers granted to it under the Pakistan Commissions of the Inquiry Act, 2017 and it shall be the duty of all executive authorities in the federation and the provinces to act in aid of its functions and comply with its directions. “The Commission will be entitled to establish a Secretariat and appoint secretary for the stated inquiry at the cost of the federal government,” it said, adding the attorney general for Pakistan would assist the commission with documents and material it required.
The commission has been directed to initiate its inquiry immediately upon notification and conclude it and submit a report to the federal government within 30 days. “However, if the commission requires further time, the federal government shall grant it,” it adds.