Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan has challenged the formation of the three-member judicial commission probing the audio leaks pertaining to the judiciary in the Supreme Court.
Babar Awan, the PTI chief’s lawyer and party leader, filed the plea on his behalf requesting the court to declare the notification for constituting the commission null and void.
In the petition filed, Khan maintained that no judge can be nominated for the commission without the chief justice of Pakistan’s permission. “The Supreme Judicial Council is the only forum for investigation or action against any judge of the Supreme Court,” the petition read.
In his plea, the PTI chief insisted that the commission’s TORs “suffer from a deliberate omission” with no accountability of who is “behind the unlawful and unconstitutional surveillance.”
Taking to his Twitter, the cricketer-turned-politician also shared a strongly-worded tweet in this regard. “They fail to take into account the issue that who is behind unlawful and unconstitutional surveillance of PM office and sitting judges of the Supreme Court. The Commission should be empowered to investigate who are these powerful and unknown elements who tap and record telephone conversations of citizens including high public functionaries,” he tweeted.
Earlier, 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 judicial commission started its proceedings in the Supreme Court building. The commission includes Justice Qazi Faez Isa, Islamabad High Court Chief Justice Amir Farooq and Balochistan High Court Chief Justice Naeem Akhtar Afghan. Attorney General for Pakistan Usman Mansoor Awan appeared before the audio leaks commission. Justice Qazi Faez Isa inquired that under which law the commission was formed? The attorney general replied that the commission was formed under the Commission of Inquiry Act 2016.
The judicial commission said the proceedings on the issue of audio leaks would be made public. Justice Qazi Faez Isa said in his remarks that two elderly women were also included among those to be investigated. If requested, the commission would also go to Lahore for necessary action. The commission directed the attorney general to provide the mobile phone numbers and SIMs of all concerned. It also sought email addresses. Qazi Faez Isa said the commission would seek public help to provide information through advertisement. The information provider would have to reveal his identity and information received from unknown sources would not be acceptable.
The judicial commission asked the government to furnish it with all the audio recordings and said the federal government should provide all the material by Wednesday. The transcripts of all the audios had also been directed to be provided with the signature of a responsible officer. The commission said if any mistake was found in the transcript, action would be taken against the officer concerned. The judicial inquiry commission said the names, positions and contact numbers of those whose audio leaks were under investigation should also be provided. He said the inquiry commission was not Supreme Judicial Council (SJC) and there would be no interference in the jurisdiction of the council. He said the inquiry commission was not taking action against any judge and it would not do so in future.
He said the probe body had been established only to determine the facts. He said the commission would respect all the witnesses and hoped they would be respected too. The commission had the power to summon those who would not cooperate. He said the commission would issue notices only and it would not issue any summons. He further said the government officers did not have room for denial in advance and an advertisement would be issued to seek help from the public. Later, Justice Isa adjourned proceedings of the judicial commission for a week and directed the attorney general to issue notices to all the person concerned and ensure immediate compliance. Justice Isa said that when the notice would be received by the person concerned, its proof should be provided in the form of a photograph or signature.
