The Supreme Court (SC) has dismissed the objections raised by the previous Pakistan Democratic Movement (PDM) government regarding the bench hearing a series of pleas against the constitution of a three-judge commission tasked with investigating audio leaks that implicated politicians, judges, and their families. Justice Ijazul Ahsan stated that these objections amounted to an attack on the independence of the judiciary.
The PDM government had established the commission on May 20 under the Pakistan Commission of Inquiry Act 2017. The commission, led by senior puisne judge Justice Isa, included Balochistan High Court Chief Justice Naeem Akhtar Afghan and Islamabad High Court Chief Justice Aamer Farooq. However, the top court issued a verdict on May 28, prohibiting the panel from proceeding with its investigation following petitions filed by the Supreme Court Bar Association (SCBA) President Abid Shahid Zuberi, SCBA Secretary Muqtedir Akhtar Shabbir, PTI Chairman Imran Khan, and Advocate Riaz Hanif Rahi, alleging the commission’s illegality.
The PDM government subsequently requested the reconstitution of the five-member bench comprising Chief Justice of Pakistan Umar Ata Bandial, Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Syed Hasan Azhar Rizvi, and Justice Shahid Waheed. The government claimed that the presence of Chief Justice Bandial on the bench raised concerns regarding the appearance of impartiality due to the commission’s investigation involving a close family member of the Chief Justice. The objections also extended to Justice Ahsan and Justice Akhtar, as they were implicated in the audio leaks. The application emphasized the importance of recusal from the hearing to maintain propriety and avoid conflicts of interest.
The Supreme Court kept the government’s plea pending until June 6, when it reserved its verdict. During the hearing, Chief Justice Bandial questioned whether the government had taken any steps to identify the sources behind the audio leaks. The Attorney General for Pakistan (AGP), Mansoor Usman Awan, argued that the government sought the commission to investigate these issues and put them to rest. He clarified that the plea for the reconstitution of the bench was not based on bias but on conflicts of interest.
Ultimately, the Supreme Court rejected the PDM government’s objections and upheld the constitution of the three-judge commission to probe the audio leaks. The court’s decision emphasizes the independence of the judiciary and clears the way for the commission to continue its investigation.