ISLAMABAD , May 31, 2023: The Supreme Court will resume hearing on petitions filed by PTI Chairman Imran Khan and others against an inquiry commission formed by the federal government to probe leaked audios allegedly involving judges.
A five-member bench headed by Chief Justice Umar Ata Bandial comprising Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Justice Shahid Waheed and Justice Hasan Azhar Rizvi will hear the case at 12:15pm today (Wednesday).
The hearing comes as the federal government raised objections to the bench, pleading three of the judges – Justice Bandial, Justice Ahsan and Justice Munib – should not hear the case. It has demanded a new bench to hear the case.
The federal government seemingly banked on the principle of conflict of interest, as it gave the reason that one of the audio leaks concerned Chief Justice Bandial‘s mother-of-law while the matter also involved Justice Ahsan and Justice Akhtar.
According to the application, previous court decisions and the judges’ code of conduct make it clear that no judge can hear a case involving his relative. In the past, the then chief justice Iftikhar Muhammad Chaudhry had recused himself from the bench hearing Arsalan Iftikhar case.
SC Halts Operations of Justice Isa-led Commission
Last week, the Supreme Court had halted the operations of the audio leaks commission following the order issued on the petitions filed by Imran Khan and others. The judgement, relying heavily on the principle of separation of powers, stated, “In as much as the Federal Government appeared to have acted unilaterally in this matter, a constitutional principle of the highest importance had been, prima facie, breached”.
“In the circumstances, till the next date of hearing, the operation of the impugned notification … issued by the Federal Government is suspended as is the order made by the Commission and in consequence thereof proceedings of the Commission are stayed,” the judgment read.
Justice Isa Stopped Proceedings
A day later, the commission – headed by Supreme Court Justice Faez Isa and comprising Balochistan High Court Chief Justice Naeem Akhtar Afghan and Islamabad High Court Chief Justice Aamer Farooq – stopped further proceedings. However, Justice Isa remarked they had been barred from moving ahead with the process without even issuing a notice to them.
Earlier, the federal government had formed a three-member commission to investigate the leaked audios allegedly involving the judiciary and former chief justices and a judge, saying the conversations had raised apprehensions over impartiality of judges.