Pakistan Tehreek-e-Insaf Chairman Imran Khan on Monday moved the Supreme Court of Pakistan against formation of a judicial commission by federal government to probe the varacity of audio leaks which surfaced in the media.
In the constitutional petition, the PTI chairman pleaded the apex court to declare the commission as 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.
Earlier, Judicial Commission, set up to investigate audio leaks, said on Monday that proceedings of the probe body would be made public.
The inquiry commission headed by Justice Qazi Faiz 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 Islamabad building.
The commission includes senior judge of Supreme Court Justice Qazi Faiz Isa, Chief Justice of Islamabad High Court Amir Farooq and Chief Justice of Balochistan High Court Naeem Akhtar Afghan.
Attorney General Usman Mansoor Awan appeared before the audio leaks commission. Justice Qazi Faiz 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 comprising judges of the Supreme Court said proceedings on the issue of audio leaks would be made public. Justice Qazi Faiz 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 judicial commission directed the attorney general to provide the mobile phone and SIM for the commission on Monday and also ordered that the phone number provided for the judicial commission will be made public. The judicial commission directed the federal government to provide the email address.
Qazi Faiz Isa said that the commission will seek public help to provide information through advertisement. The information provider will have to reveal his identity and information received from unknown sources will not be acceptable.
The judicial commission asked the government to furnish all the audio recordings and said the federal government would provide all the material by Wednesday. The transcripts of all the audios have also been directed to be provided with the signature of a responsible officer.
The commission said that if any mistake was found in the transcript, action would be taken against the officer concerned. The judicial inquiry commission said that the names, positions and contact numbers of those whose audio leaks were under investigation should also be provided.
Senior judge of the Supreme Court Justice Qazi Faiz Isa clarified that inquiry commission was not a Supreme Judicial Council (SJC) and there would be no interference in the jurisdiction of the Council. He said the inquiry commission was not taking any action against any judge and it would do so in future.
He said the probe body had been established only to determine the facts. Justice Qazi Faiz Isa 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 notice only and they would try not to issue any summons. He further said that the government officers did not have room for denial in advance and an advertisement will 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 is received by the person concerned, its proof should be provided in the form of a photograph or signature.
The judicial inquiry commission also directed the attorney general to make arrangements for playing the audio during the proceedings and to determine the agency concerned to verify the audios. Justice Isa further said that Punjab Forensic Agency could be contacted to verify the audio leaks.
“If someone refuses to recognize his voice in the audio or says it is tampered with, it must be verified in advance,” said Justice Isa. He said, “A member of the forensic agency should be present during proceedings of the commission so that if a person refuses to recognize his voice, there is immediate verification.”
