ISLAMABAD: Three-member commission headed by Justice Qazi Faez Isa and comprising Chief Justice of the Islamabad High Court (IHC) Justice Aamer Farooq and Chief Justice of Balochistan High Court Justice Naeem Akhtar Afghan on Monday summoned all audio transcripts from Attorney General of Pakistan Mansoor Usman Awan till May 24 (Wednesday). The commission announced that the proceedings of its inquiry will be made public.
The Commission also summoned names of all the individuals, addresses and contact numbers of those were part of the audios. The next hearing of the commission would be held on coming Saturday.
The commission meeting held with Justice Qazi Faez Isa in the chair at the courtroom number#7 of the Supreme Court of Pakistan.
During the hearing, attorney general read out the TORs of the notification of the Commission. Judicial Commission set up its secretariat in the Supreme Court premises.
Justice Qazi Faez Isa said that being the most senior judge of the Supreme Court there are some constitutional obligations and added “we want that the Commission complete its duty as soon as possible.”
During the hearing, Justice Qazi Faez Isa asked the attorney general that under which law or act the Judicial Commission was set up. To this, attorney general replied that commission was set up under an act of 2016. On this, Justice Qazi Faez Isa clarified that it was not a Supreme Judicial Council but only a Judicial Commission. He also ordered the attorney general to provide a sim and android phone and that the number which will be give for the use of commission, it will be made public.
The commission also ordered the federal government to create an Email address for the commission so that if people want to share some information with the commission, they could do so.
Justice Qazi Faez Isa further said that two aged women were also part of audio leaks and their statements will also be recorded and added if needed the commission may visit Lahore as well.
The commission ordered the federal government to provide all the relevant materials so that it could take the proceedings forwards as the commission’s members also bound to fulfill their constitutional duties. Justice Qazi Faez Isa further said that proceedings of commission were being undertaken for finding out the realities.
At the outset of Monday's proceedings, Justice Qazi Faez Isa inquired: "Under which law the commission was formed?" Attorney General Mansoor Usman Awan replied that the commission was constituted under the Commission of Inquiry Act, 2016.
The judicial commission then announced that it would make the proceedings public. However, it added that the commission could review any request for an in-camera session if any sensitive matter is brought to light.
"The proceedings of the commission will be held in the Supreme Court Islamabad building," Justice Isa instructed, adding, "It is our responsibility to appoint the secretary of the commission."
He further said that two elderly women were also included among those who have to be probed. "If there is a request, the commission can also go to Lahore," he said.
The commission then instructed the attorney general to provide mobile phones and SIM cards for the commission. It was decided that the phone number will be made public.
The commission then directed the attorney general to appoint a relevant agency for the verification of the material.
"Punjab Forensic Science Agency (PFSA) can be contacted to verify the audio leaks, Justice Isa said.
Stressing that the commission has been set up "only to determine facts", the SC judge said: "If a person says that the voice in the audio is not theirs, or has been tampered with, it has to be verified beforehand."
To this end, he instructed that a member of the forensic agency should be present during the proceedings so that if anyone refuses, there can be immediate verification.
Further emphasising the power and the limitations of the probe panel, he said that the commission would take no action against a judge.
"There will be no interference in the jurisdiction of the Supreme Judicial Council." He also added: "The commission has the power to issue summons to those not complying with its orders."
However, the commission will only issue notices, Justice Isa said, adding that efforts would be made not to issue summons to anyone.
"Government officials do not have room for denial in advance," he said. Moreover, on the matter of making the proceedings public, he said that an advertisement will be issued to provide information to the public. He also added that the orders of the commission will be shared online.
"Every action of the commission should be shared on a website so that there is no confusion," the commission decided.
To this, AG Awan suggested that the updates be uploaded in PDF format so that no changes can be made.
"I have heard that there can be changes in the PDF as well," Justice Isa observed.
When the attorney general reassured the commission that the government had no intention of changing anything, the SC judge replied: "You can't even do it."
Later, the judicial commission directed AG Awan to issue notices to all parties concerned.
"If a party does not receive the notice, it should be posted outside its residence," the commission said.
"After the notice is received by the concerned person, the proof should be provided in the form of a photograph or signature," Justice Isa instructed.
The commission further instructed AG Awan to submit the audios, and four copies of their certified transcript by Wednesday; the names, contact numbers and addresses of all persons concerned were also requested.
"If the audio conversation between two persons is about a third party, the latter can participate in the proceedings," the commission observed.
Justice Isa then announced that the commission's proceedings will be held on Saturday (May 27) at 10:00 AM.
The Judicial Commission said the proceedings of the probe body would be made public.
The inquiry commission, headed by Justice Qazi Faez Isa, said if any sensitive matter was brought before them, they would review the request for an in-camera action. The commission ordered the federal government to provide the email addresses and all relevant material.
The commission head further stated that arrangements should be made for playing the audio recordings in question during the proceedings.
Meanwhile, Pakistan Tehreek-e-Insaf Chairman Imran Khan on Monday moved the Supreme Court of Pakistan against formation of the judicial commission by the federal government to probe the veracity of audio leaks which have surfaced in the media in recent times.
In the constitutional petition, the PTI chairman pleaded the apex court to declare the commission null and void. The PTI chief took the plea that no judge could be appointed as a member of the judicial commission without permission of the Chief Justice of Pakistan.
He argued that the proper forum for any probe or taking action against any judge was the Supreme Judicial Council. Imran Khan filed the petition through his counsel Babar Awan.
Meanwhile according to an SRO issued on May 19, 2023, the controversial audio leaks regarding judiciary and former chief justices raised serious apprehensions about the independence, impartiality and uprightness of CJPs and judges of the superior courts in the administration of justice.
“Such audio leaks have eroded public trust besides serious concerns have been raised by the general public regarding the independence, impartiality and uprightness of the CJPs and judges of the superior courts,” the notification said, adding that judiciary was one of the main pillars under the Constitution and the society’s confidence was shattered when the independence of judiciary was tarnished.
“Therefore it is imperative to [hold] inquiry into the authenticity, correctness and veracity of these audio leaks to restore not just the credibility of the judiciary but also the public trust and confidence in the judiciary in the larger public interest, as a matter of definite public importance,” explained the SRO.
According to the ToR, the commission will probe the authenticity of the audio leaks purportedly concerning the judiciary, a call between ex-CM Parvez Elahi and a lawyer regarding a Supreme Court judge; between Mr Elahi and lawyer Abid Zuberi regarding fixation of some cases before a particular SC bench; between Mr Elahi and an SC judge; between ex-CJP Saqib Nisar and lawyer Khawaja Tariq Rahim; between lawyer Tariq Rahim and journalist Abdul Qayyum Siddiqui on the outcome of a case pertaining to Imran Khan’s arrest on May 9; between Mr Khan and his party member about their links in the SC; between the mother-in-law of a top judge and wife of a lawyer regarding cases in SC; between the son of ex-CJP and his friend discussing the role of the ex-CJP in the award of the election ticket for a political party.
The commission will also inquire into the correctness of the allegations surfacing on print and electronic media and social media allegedly regarding the son-in-law (Ali Afzal Sahi) of the Lahore High Court CJ, allegedly influencing judicial proceedings before the LHC.
The commission will also determine violation, if any, of integrity or the process of administration of justice, independence of the judiciary, right to fair trial and equality of citizens, to determine the liability incurred by any or all persons named in the alleged audio leaks against or any other person or public office holders including under the Pakistan Penal Code, 1860 or any other law, to determine as to whether any disciplinary proceedings are attracted.
The commission will also be empowered to fix the responsibility of any person or public office holder aiding and abetting by any act in violation of the laws of Pakistan so determined, to recommend any necessary legal action by any agency, department or person etc. If these audio leaks proved to be fake or fabricated, the commission will inquire into and fix responsibility with regards to who is making these and recommend action to be taken in this regard, it added.
According to the TORs, it will be the duty of all executive authorities in the federal [government] and the provinces to aid the commission and comply with any of its directions.
The commission will be entitled to establish a secretariat and appoint a secretary for the inquiry at the cost of the federal government whereas the attorney general for Pakistan will assist the commission by providing all documents and material required by it.
The commission will initiate the inquiry immediately after the notification of its constitution and will conclude the investigation and submit its report to the federal government within 30 days which can be extended.