ISLAMABAD: The Islamabad High Court (IHC) on Wednesday resumed hearing a petition seeking a probe into an alleged audio leak involving former chief justice of Pakistan Saqib Nisar.
In the leaked audio clip, an unidentified individual, allegedly Nisar, can be heard speaking of a collusion to punish former prime minister Nawaz Sharif and his daughter Maryam Nawaz in order to bring their political rival Imran Khan into power. The former top judge had branded the audio as “fabricated”.
In the last hearing, the IHC had issued notice to Attorney General of Pakistan (AGP) Khalid Jawed Khan to appear in court and present his arguments on the maintainability of the petition.
In pursuance of the court notice, AGP Khalid Javed Khan turned up before an IHC single bench comprising Chief Justice Athar Minallah on Wednesday.
Opposing the plea for formation of a probe commission to ascertain the veracity of the controversial clip, the AG suggested that the matter be rather referred to Parliament.
“The path we are treading is extremely dangerous,” he opined. “There is no need to appoint a commission on the audio leak. This matter should go to Parliament,” he suggested.
Advocate Salahuddin Ahmed, one of the two petitioners, stated that the federal cabinet has already given its stance on the audio clip.
Justice Minallah remarked that judges should neither use social media nor come under the influence of anything.
The IHC chief justice observed that any audio or video could be constructed in today’s age of advanced technology.
“Anybody can make an audio and ask for investigation. What effect would it have on ongoing appeals if we order an inquiry into this audiotape?” he questioned.
“The people who have cases [which could be affected by it] have not brought the audiotape to the court. Why should we [take action]? Is there anyone to take ownership of the audiotape?” he questioned.
The bench directed the petitioners to satisfy the court on the maintainability of the petition and how the case should move forward.
The hearing was adjourned until December 24.
Salahuddin Ahmed and member judicial commission Syed Haider Imam Rizvi had filed the petition, stating the alleged audio clip of the ex-CJP hurt the dignity of the judiciary.
They had pleaded with the court to constitute a commission comprising a retired judge, lawyer, journalist and members of civil society to ascertain the veracity of the controversial clip.
The petitioners had urged the court to empower that commission to also probe the allegations hurled at the judiciary prior to and after the conviction of Nawaz Sharif and his family.
According to the petition, “series of events that have taken place tend to erode the credibility, reputation and independence of the judiciary in the eyes of the people”.
With additional input from INP
