Deliberate or inadvertent, an effort was made to sow discord among the judiciary," Chief Justice Bandial remarks.
Chief Justice Umar Ata Bandial of Pakistan expressed strong
opposition on Friday to the government's decision to challenge his involvement
in the bench overseeing petitions related to the formation of a judicial
commission tasked with investigating audio leaks involving the judiciary.
A day prior, Chief Justice Bandial assembled a five-member
larger bench, including himself, to hear multiple pleas filed under Article
184(3) of the Constitution. These petitions were submitted by Imran Khan,
Chairman of the Pakistan Tehreek-e-Insaf party, Muqtedir Akhtar Shabbir,
Advocate Riaz Hanif, and Abid Shah Zuberi, President of the Supreme Court Bar
Association, as stated in the court's cause list.
During the hearing, Attorney General for Pakistan Mansoor
Usman Awan requested that Chief Justice Bandial recuse himself from the case
and allow the next senior-most judge to handle it. In response, the Chief
Justice firmly asserted, "You should not interfere with our administrative
authority."
He emphasized that the position of Chief Justice is
constitutional and that the judiciary is not subordinate to the government.
Chief Justice Bandial respected the request made by Awan but reminded him of
the division of authority outlined in the Constitution. He further stated, "The
judiciary is the protector of basic human rights. We fully respect the
government."
Expressing dismay over the government's swift decision to
enact legislation governing the powers of the Chief Justice, Chief Justice
Bandial questioned the government's motives and asked, "How can the
government use judges for its own purposes?" He also raised concerns about
the formation of the judicial panel without consulting him, highlighting
previous instances where such notifications were withdrawn when the Chief Justice
was not approached. He urged the government to follow the Constitution in its
true spirit.
The Chief Justice cautioned the government against meddling
in the affairs of the Supreme Court and reminded them to respect the
institutions, including the judiciary. He mentioned that the events of May 9
helped halt the rhetoric against the judiciary and expressed a willingness to
avoid objections if the government resolves matters in accordance with the
Constitution.
While presenting arguments, Shoaib Shaheen, counsel for Abid
Shah Zuberi, emphasized that phone tapping is an illegal act, and the
government should acknowledge if any agency conducted it. The Chief Justice
referred to previous cases related to phone tapping, raised questions about
determining which judge violated the code of conduct, and highlighted the role
of the Supreme Judicial Council under Article 209.
During the hearing, concerns were also raised about the
government's attempt to influence the power-sharing structure and determine the
conduct of judges through the inquiry commission. The Chief Justice remarked on
the haste displayed by the government in these matters.
Addressing the role of the Pakistan Electronic Media
Regulatory Authority (Pemra), Chief Justice Bandial questioned its involvement
when the alleged audio clips were aired on television channels. The Attorney
General clarified that the inquiry commission's rules of procedure extensively
review the legality of the alleged audios.
Chief Justice Bandial expressed concerns about the conflict
between the inquiry commission's formation and Article 209, as well as the
judiciary's powers. He emphasized that investigative agencies should handle
such matters, cautioning against potential issues when assigning them to a
judge.
The Supreme Court hearing concluded, and a short order will
be delivered at a later time.According to the news, the Supreme Court has stopped the Audiocase Commission from working. The Supreme Court has issued an eight-page summary order on the petitions against Audiolex. After that, the notification of the commission has been suspended until the next hearing. A written order has been issued and further hearing has been adjourned till May 31.
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