Justice Qazi Faez Isa on Saturday stopped the working of the high-powered audio leaks fee arrange by the federal authorities; nonetheless, he raised questions over the Supreme Courtroom’s keep order on the fee’s inquiry.
The fee that features Islamabad Excessive Courtroom Chief Justice Aamer Farooq and Balochistan Excessive Courtroom Chief Justice Naeem Akhtar Afghan and held its first listening to on Could 22, through which it introduced that the proceedings of its inquiry will probably be made public.
Nonetheless, a five-member SC bench headed by Chief Justice Umar Ata Bandial and comprising Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Syed Hasan Azhar Rizvi and Justice Shahid Waheed issued orders to remain the fee’s proceedings.
The choice got here on a set of petitions filed by Supreme Courtroom Bar Affiliation (SCBA) President Abid Shahid Zuberi, SCBA Secretary Muqtedir Akhtar Shabbir, Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan and Advocate Riaz Hanif Rahi requesting that the fee’s formation be declared unlawful.
At this time’s proceedings
On the outset of the listening to, Legal professional Basic for Pakistan (AGP) Mansoor Usman Awan appeared earlier than the fee and skim out the apex court docket’s order earlier than the bench.
Upon listening to the order, Justice Isa stated: “In keeping with the foundations of the Supreme Courtroom, a call is taken after listening to the events.”
He additional stated {that a} copy of the order must be offered to the fee.
He additionally inquired if the apex court docket had issued any order relating to the inquiry fee and remarked: “I additionally know just a little in regards to the structure.”
“The fee was a celebration within the matter, why was it not heard?” he requested.
The highest court docket choose then requested the AGP what he was doing within the courtroom yesterday.
“Had been you given discover [to appear before the court] or have been you simply sitting there?” he requested.
The AGP replied that it was communicated to him verbally that he ought to seem earlier than the court docket.
“After the listening to, the discover was issued to me,” he stated.
Justice Isa then remarked that the fee was not notified earlier than the listening to.
“So how was it stopped from working?”
Turning to the AGP, he requested: “Why did not you inform the court docket yesterday that we had already addressed the factors of their objections?
“I’m stunned you didn’t reject these factors.”
Moreover, commenting on one of many key points raised within the petitions filed within the SC yesterday, noticed that privateness all the time belongs to the house.
“One can’t peep into somebody’s home; nonetheless, there are CCTV cameras on the streets, are additionally they in opposition to privateness?” he requested.
He stated that the fee was doing nothing that might be thought of a breach of anybody’s privateness.
He remarked that Zuberi, who has additionally been issued notices within the audio leaks investigation, and PTI lawyer Shoaib Shaheen didn’t even trouble to indicate up earlier than the fee.
“Shoaib Shaheen is a lawyer, he’s all the time talking on TV,” Justice Isa noticed, including that in keeping with the foundations, a lawyer can’t speak to the media about his case.
“Shoaib Shaheen violates the Attorneys Apply and Process Act by showing on TV each day however has come to show us the regulation. No downside, educate us; we study the regulation each day.”
“Shoaib Shaheen gave speeches on the media [defending his case], however didn’t trouble to come back right here. Did not they’ve to seem earlier than the court docket and inform what was ordered yesterday?” he requested.
He additional added that one other one who had been issued a discover to seem earlier than the court docket had despatched an utility, excusing himself.
“One other celebration has stated that he’s in Lahore for a medical check-up,” the highest court docket choose remarked.
He requested us to take his assertion when the fee goes to Lahore, the Justice stated, referring to its earlier announcement that whereas the fee would meet on the SC, it may journey to Lahore to take statements of the older girls concerned.
He then known as Abdul Qayyum Siddiqui — the one individual of the 4 to seem earlier than the court docket — to the podium.
It could be that some events don’t have any objection to the actions of the fee, he stated.
Justice Isa’s then turned to a different level talked about within the apex court docket’s order and questioned the AGP on what Twitter was.
The AGP replied: “It’s a software program. I have no idea in regards to the hacker. Maybe, somebody from the media does.”
Defending the fee, he stated it ought to a minimum of be decided who was releasing the audios and whether or not they have been actual or not.
“Possibly these audios have been leaked by these in them. If there may be an investigation, all [of] this will probably be recognized.”
He additional stated that there’s speak of giving cash to the choose, however the investigation has been stopped.
Justice Isa then instructed the AGP to learn the choose’s oath.
“It’s written within the oath that I’ll carry out my duties in keeping with the structure and regulation,” he stated.
“This inquiry fee has been fashioned beneath a regulation — the Fee of Inquiry Act,” he additional remarked, including that folks must do sure issues in life that they don’t like.
Additional including that the judges acquired nothing to conduct such “painful investigations”, he stated: “If this fee was not allowed beneath oath, I might have excused myself.”
Following an intensive examination of the supreme court docket’s order, he stated, “The petitioners are telling us that there’s an injunction, you can’t hear this [inquiry]. [So] we’re not [any] taking additional motion.”
He then introduced that the proceedings of the judicial fee have been stopped.
“We are going to challenge as we speak’s motion order,” he stated.
Extra to comply with…
