Justice Qazi Faez Isa, in response to the Supreme Court’s stay order on the audio-leaks inquiry commission proceedings, expressed his concerns on Saturday, questioning why the Attorney General of Pakistan (AGP) did not inform the apex court that the raised contentions had already been addressed.
Justice Isa, appointed as the head of the three-member audio leaks commission by the federal government on May 20, noted that neither he nor his legal team were informed about the preceding Supreme Court hearing held the day before.
He inquired whether the AGP had been notified about the hearing conducted by a five-member bench, led by Chief Justice of Pakistan Umar Ata Bandial. The AGP replied in the negative, stating that he was verbally informed to be present in the courtroom.
Justice Isa questioned how the Supreme Court could oversee the proceedings of higher courts and issue a stay when the proceedings had just begun. Consequently, he adjourned the second hearing of the audio leaks commission, which includes Islamabad High Court Chief Justice Aamer Farooq and Balochistan High Court Chief Justice Naeem Akhtar Afghan.
The commission, led by Justice Isa, had its initial meeting last week after being established by the federal government. During the first session, the commission clarified that it was solely an inquiry body, open to public observation and participation. Justice Isa emphasized that the commission’s purpose was not to act against any judge but to investigate the facts surrounding eight audio leaks that had surfaced on social media in recent months.
SC order
In a previous hearing, a five-member Supreme Court 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 the order while addressing four petitions filed by PTI Chairman Imran Khan, Supreme Court Bar Association (SCBA) President Abid Zuberi, and others against the federal government’s inquiry commission established last week.
During the hearing, AGP Mansoor Awan sought permission to make a preliminary submission, suggesting that Chief Justice Bandial should consider recusing himself from the bench due to a potential conflict of interest.
However, the order maintained that seeking permission from the Chief Justice of Pakistan was an accepted and established constitutional principle, followed multiple times in the constitution of commissions, especially when a sitting judge was intended to be a member of the body.