IHC reserves judgement in Saqib Nisar audio clip case

The Islamabad High Court on Friday reserved judgement on the alleged audio clip of former chief justice of Pakistan Saqib Nisar while demanding original tape, reported 24NewsHD TV channel.

IHC Chief Justice Athar Minallah was hearing a petition seeking an investigation into the leaking of an alleged audio clip of ex-CJP Saqib Nisar. 

Petitioner Salahuddin advocate, Attorney General of Pakistan Khalid Jawed Khan and Pakistan Bar Council member Hassan Pasha appeared before the court. 

While arguing the case, petitioner Salahuddin advocate reminded the court that it sought names of forensic companies from the attorney general. On which, the chief justice remarked that first of all the court would like to see the original audio clip allegedly associated with the former chief justice of Pakistan.

Salahuddin persisted that the alleged conversation of Saqib Nisar might be held in a friendly way.

Justice Minallah remarked that the advocate should not put stress on the tape as its original version was not available.

The petitioner argued that he wanted that the process to retrieve the original tape should be started. But journalist Ahmad Noorani (who leaked the clip) would not give him the original tape, he said adding that the court could get original version only if it summoned Mr Noorani or formed some commission. 

The chief justice observed that the Supreme Court had already announced its verdict regarding the audio clip. 

“How could we go against this judgement? The matter belongs to just one case. How could we conduct a parallel hearing when the case is already sub judice,” Justice Minallah added.

The petitioner said that it was one aspect of the case that it pertained to the Sharif family but it might bring other aspects to light which might exonerate the Sharifs.

Or maybe the Sharifs could get presidential pardon tomorrow and all cases against them might get squashed, the advocate argued again pressing on his request to conduct the forensic analysis of the tape. 

The petitioner said that the forensic report might point to the fakeness of the tape and this could exonerate the former chief justice or this learned court too. 

On this, the attorney general objected to the petitioner’s point of view that the court would be absolved if the tape proved fake. He said it implied that the entire judiciary was compromised and its repute was dependent on the audio clip of just one man. 

“How far we will go for just one case. This trend should end. What’s the difference between this petitioner and Rana Shamim,” the AG asked. . 

He said that the underlying message of this petition was that if judges would start hearing a case against after some law breaker, a process was set into motion to send them packing.

The AG wondered if there was any guarantee that the sub judice appeal would not be affected if the court ordered for formation of a commission in this case! 

He argued since the petitioner advocate stated that there was no original audio clip available, then this very confession was enough to reject the petition. If one forensic company gives its analysis, then another channel will give an entirely different analysis, he said. 

“Which version we will accept and where will we go,” the AG argued. 

On the completion of arguments, IHC Chief Justice Minallah reserved the judgement in the case. 

Reporter Ehtisham Kiyani