The three-member judicial commission formed by the Government of Pakistan to probe alleged leaks of audio conversations concerning the senior judiciary commenced proceedings on Monday, announcing that the results of their inquiry will be made public.
Headed by Supreme Court Justice Qazi Faez Isa, the commission includes Islamabad High Court Chief Justice Aamer Farooq and Balochistan High Court Chief Justice Naeem Akhtar Afghan as its members. At the outset, Justice Isa inquired of Attorney General for Pakistan (AGP) what law had been utilized to form the commission. He said it was constituted under the Commission of Inquiry Act, 2016.
The commission then announced that it would make its proceedings public, adding that it could review any requests for in-camera briefings if sensitive matters were brought to light. “The proceedings of the commission will be held in the Supreme Court Islamabad building,” remarked Justice Isa. “It is our responsibility to appoint the secretary of the commission,” he noted.
Reviewing the terms of reference of the commission, Justice Isa noted that two elderly women—the mother-in-law of Chief Justice of Pakistan Umar Ata Bandial and the wife of PTI lawyer Khawaja Tariq Raheem—were named in the list of people whose alleged conversations were to be examined. “If there is a request, the commission can also go to Lahore,” he said, noting it might be difficult for them to travel to the federal capital for hearings.
The commission also instructed the AGP to provide mobile phones and SIM cards for the commission, adding that these numbers would be made public to facilitate the probe. However, it clarified, the three judges would only “determine facts” and would not play any role in determining punishment or interfering in the jurisdiction of the Supreme Judicial Council, which has several references pending before it with respect to the leaked audio clips.
Directing the AGP to appoint a relevant agency for the verification of the clips, Justice Isa suggested utilizing the Punjab Forensic Science Agency for the purpose. “If a person says that the voice in the audio is not theirs, or has been tampered with, it has to be verified beforehand,” remarked the judge, adding that a member of the designated forensic agency should be present during all proceedings to expedite the verification process.
Justice Isa further stressed that while the commission has the power to issue summons to anyone who doesn’t comply with its orders, it would prefer to avoid this and would only issue notices. “Government officials do not have room for denial in advance,” he remarked, noting the orders of the commission would be shared online in the interest of transparency.
Directing the AGP to issue notices to all concerned parties, the commission said if no one received the notice, it should be posted outside their residence. “After the notice is received by the concerned person, the proof should be provided in the form of a photograph or signature,” stressed Justice Isa, while also directed the AGP to provide copies of all audios and their certified transcripts by Wednesday, as well as the names, contact numbers and addresses of all persons concerned. “If the audio conversation between two persons is about a third party, the latter can participate in the proceedings,” the commission observed before adjourning proceedings until Saturday (May 27).
According to the notification issued by the Cabinet Division about the commission, it has been tasked with completing its probe within 30 days. It has also been directed to examine all relevant audios to nullify the growing public concerns about the “independence, impartiality and uprightness” of judges.