Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial said Wednesday that all the pleas against the Supreme Court bench on audio leaks would be fixed for hearing any day next week, adding that the attorney general for Pakistan would be heard first, reported 24NewsHD TV channel.
A five-member larger bench, headed by CJP Umar Ata Bandial, conducted the hearing on the pleas challenging the audio leaks judicial commission.
“All the pleas in this case will be fixed for hearing,” the CJP said. “The attorney general will be heard first the next week. His arguments against the bench will be heard,” he added.
Justice Bandial said that the court would first hear Attorney General for Pakistan (AGP) Mansoor Usman Awan’s arguments against the five-judge bench. “No decision was made on objection to the bench in the previous hearing. Arguments on new pleas are yet to be heard,” he stated.
He further stated that the court was directing the registrar to allot a number to the AGP’s plea and directed Mansoor Awan to provide copies of his petition to all the respondents. “The government’s petition includes some words that should not have been there,” the CJP observed.
Further hearing of the case was adjourned for any day next week.
Judicial Commission objects to CJP’s presence on audio leaks bench
Earlier in the day, objecting to the bench constituted to hear the audio leaks judicial commission case, the commission secretary, in his reply submitted to the Supreme Court (SC) on Wednesday, said that Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial should not head the five-member bench formed for the purpose.
The secretary further said that no judge could hear the case in which his personal interest was involved.
The commission, in its reply, went on to say that it had been tasked with probing the audio leaks as per the law, and that it would discharge its functions in the light of the constitution.
The commission assured the apex court that not only it would hear the objections raised by parties to the case but would also look into them.
The commission regretted that the Supreme Court stopped ALJC’s proceedings without listening to its point of view. “The commission had clarified its stance on Article 209 in its first meeting,” read the reply.
It was further stated in the reply that it had been made clear to the apex court that proceedings of the commission should not be mistaken for those of Supreme Judicial Council.
“Only the Supreme Court Bar president filed a petition against the commission,” said the ALJC, adding, “No other person connected to the audios either objected to the commission or filed a petition in the apex court.”
Submitted by commission secretary Hafeezullah Khajjak, the body raised an objection to the larger bench hearing the case. The response stated that one of the alleged audio leaks concerned the CJP’s mother-in-law and Justice Akhtar was also mentioned during the conversation.
The commission said it would not be appropriate for this bench to hear these petitions as SC judges were required to not allow their “’personal interest to influence their ‘official conduct’ or ‘official decisions’”.
In conclusion, the commission said it had “no interest in the matter other than to undertake the assignment given to it and to do so strictly in accordance with the Constitution and the law”.
On Tuesday also, the federal government had raised objections to the five-judge Supreme Court bench hearing petitions against the audio leaks commission by submitting a miscellaneous petition, requesting the apex court to form a new bench for hearing petitions challenging the audio leaks commission formed by the government to probe the veracity of purported tapes featuring judges and politicians.
A five-member SC bench headed by Chief Justice of Pakistan Umar Ata Bandial and comprising Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Shahid Waheed, and Justice Hasan Azhar Rizvi is currently hearing the audio leaks commission case.
Contempt of court plea filed against Justice Qazi Isa
A contempt of court petition against Justice Qazi Faez Isa has landed in the Supreme Court.
Petitioner Riaz Hanif Rahi submitted his petition in the apex court on Wednesday, praying the court to initiate contempt proceedings against members of Audio Leaks Judicial Commission for disobeying court order.
He argued that Justice Qazi Isa summoned the meeting of the Judicial Commission despite top court’s stay order on holding its session.
Reporter: Amanat Gishkori