ISLAMABAD: A three-member judicial commission led by Justice Qazi Faez Isa initiated a probe into the veracity of recent audio leaks and their “impact on the independence of the judiciary” on Monday and announced that the proceedings would be made public.
At the outset of the proceeding, directives were issued for advertisements to be published before regular proceedings – to be held every Saturday – begin, and for new SIM cards and mobile phones to be issued for correspondence with the federal government.
These numbers and a specific email address should be made public so that anyone and everyone may provide relevant information to the commission, directed Justice Isa.
He specified that this probe is neither of a criminal nature nor will it step on the jurisdiction of the Supreme Judicial Council. “All persons involved will be treated with due respect and expected to uphold the same in their replies. We are only here to find facts, not take action against anyone.”
Justice Isa stressed that while the commission will remain open to receiving relevant information from any person who wishes to provide it, the provider must identify themselves clearly. Any information received from anonymous persons will not be taken into consideration.
The commission, which includes Islamabad High Court Chief Justice Aamer Farooq and Balochistan High Court Chief Justice Naeem Akhtar Afghan, sought the complete recordings and transcripts of eight audio clips – released on social media in recent months.
The commission also warned that action may be taken against relevant officials if any mistakes are found in the transcripts. The federal government has been given till May 24 to submit said recordings as well as all details pertaining to the matter.
Justice Isa further sought the complete names and addresses of all persons purportedly conversing in the audio leaks.
Also present in the Supreme Court was Attorney General of Pakistan (AGP) Mansoor Usman, who read out the Terms of Reference (ToR) for the judicial commission. AGP Usman informed that the commission has been formed under the Commissions of Inquiry Act 2016 and that all findings will be made public. The AGP was directed to issue new sim cards and mobile phones within today’s date.
It was agreed that regular proceedings of the commission will also be open to the public with the exception of potentially sensitive matters, in which case the three-member bench will consider requests for in-camera sessions.
Moreover, it was stated that all proceedings are to be held in the Supreme Court building in Islamabad. However, Justice Isa specified that among the list of parties before the commission are two elderly women and to accommodate them – if such a plea is filed – the judicial commission may travel to Lahore.
Elaborating on how the probe will be conducted, Justice Isa said contact details for the commission should be made public. He directed the AGP to determine the relevant agency for verification of the audio and inform the commission, adding that the Punjab Forensic Science Agency may be used for this purpose.
The agency must verify claims made by implicated parties claiming that the voice in the audio leak is not theirs or that the recording has been tampered with, said Justice Isa, adding that a member of the forensic agency should be present in the courtroom during proceedings so that if a person makes such claims before the commission, there can be immediate clarification on the matter.
The AGP was further directed to inform all parties involved that the proceedings have commenced and issue notices for their compliance. Confirmation for the same should be provided to the bench in the form of a photograph or signature of the recipient, directed the bench.
The commission has the authority to issue summons to parties that fail to comply with the proceedings, specified Justice Isa, adding that government officials are already bound to comply.
The three-member commission was notified by the federal government on May 20. According to a notification issued by the Cabinet Division on Saturday, the three-man judicial commission is led by Supreme Court senior puisne judge Qazi Faez Isa and comprises Balochistan High Court Chief Justice Naeem Akhtar Afghan and Islamabad High Court Chief Justice Aamer Farooq.
Formed under Section 3 of the Inquiry Commission Act, 2017, the commission will probe into the audios that have surfaced in the last few months—particularly since the Supreme Court has taken suo motu notice of the delay in the announcement of polls in Punjab and Khyber Pakhtunkhwa.
The notification said the audios widely circulated on traditional and social media have raised serious apprehensions about the independence, impartiality and uprightness of the chief justices and judges of superior courts in the administration of justice.
Since the start of the apex court’s suo motu proceedings over holding elections for two provincial assemblies within 90 days, a number of audio leaks purportedly involving SC judges and their family members have surfaced.
However, the top court has shown judicial restraint and refrained from initiating any separate proceeding to deal with the issue.
