ISLAMABAD: Chief Justice of Pakistan (CJP) Umar Ata Bandial warned executive against interfering with Supreme Court’s affairs. Coming down hard on Attorney General for Pakistan (AGP) Mansoor Uman Awan, top judge asked, “How can you say that two judges, including Chief Justice, are involved in matter?”

CJP’s remarks came during apex court’s hearing on set of petitions filed against constitution of high-powered judicial commission tasked to inquire into various audio leaks of members of judiciary. SC bench which also comprises Justice Ijaz ul Ahsan, Justice Munib Akhtar, Justice Syed Hasan Azhar Rizvi and Justice Shahid Waheed has taken up four separate petitions filed by Supreme Court Bar Association President Abid Shahid Zuberi, SCBA Secretary Muqtedir Akhtar Shabbir, Pakistan Tehreek-e-Insaf Chairman Imran Khan and Advocate Riaz Hanif Rahi. All petitions requested apex court to declare commission’s formation illegal.

Ahead of hearing, Zuberi submitted to bench number of orders of different high courts, requesting that these documents be considered for “Proper adjudication” of present case. CJP, taking issue with “Allegation” said that apex court is constitutional office that has its own powers. “Judge cannot be made party to contempt petition,” he said, adding that Chief Justice cannot be asked to leave bench upon allegations.

“Powers of Chief Justice or judge cannot be reduced as per requirement,” he said. “We were not even consulted before commission was formed,” he said. He then told AGP to first prove that his petition could be adjudicated and said, “Objections cannot be raised against judges on mere allegations.” Justice Akhtar raised questions over government’s right to publicise audio leaks. He directed AGP to discuss commission’s Terms of Reference and asked: “Is government asserting that audios are original?”

He then asked AGP if it were true that hacker leaked audio and minister made it public by holding press conference.

“Interior Minister held press conference regarding audio leaks, was matter related to him?” he asked wondering if audios should have been made public without thorough investigation. “According to law, can government official accuse judge before confirming facts?” he asked.

CJP asked if government had used its resources to find out where and how audios are being recorded.

Published in The Daily National Courier, June, 07 2023

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