Notification says imperative to investigate widely circulated controversial audios to public trust n ‘Powerful’ commission will probe veracity of phone calls of mother-in-law of CJP, son-in-law of LHC CJ and son of former CJP besides others n Inquiry report to be submitted to govt within 30 days.

ISLAMABAD    -    The federal government Satur­day formed a three-member judi­cial commission, led by Supreme Court senior judge Justice Qazi Faez Isa, to probe the veracity of audio leaks and their impact on the independence of the judiciary.

The commission includes Ba­lochistan High Court (BHC) Chief Justice Naeem Akhtar Afghan and Islamabad High Court (IHC) Chief Justice Aamer Farooq. The commission was formed under Section 3 of the Inquiry Commis­sion Act 2017. The commission will probe the genuineness of the audio leaks and its impact on the independence of the judiciary.

According to notification is­sued by the Cabinet Division’s Statutory notification (S.R.O.) recently wide circulations of controversial audios have been witnessed on the national elec­tronic, print and social media, allegedly regarding the judiciary and former Chief Justices/judg­es conversation raising serious apprehensions about the inde­pendence, impartiality and up­rightness of the Chief Justices/ judges of superior courts in the admin­istration of justice. The notification stat­ed that such audio leaks have eroded pub­lic trust and serious concerns have been raised by the general public regarding in­dependence, impartiality and uprightness of the former Chief Justices/judges of su­perior courts. Under the Constitution, the independence, integrity and character of Chief Justices/judges is of utmost impor­tance for keeping the public trust and con­fidence in the administration of justice. Ju­diciary is one of the main pillars under the Constitution and the Society’s confidence is shattered when independence of judicia­ry is tarnished. The notification further stated that it is imperative to inquire into the authenticity, correctness and veraci­ty of these audio leaks in order to restore not just the credibility of the judiciary but also the public trust and confidence in the judiciary in the larger public interest, as a matter of definite public importance. 

The Terms of Reference (TOR) of the Commission will be as follows:- (i) to in­quire into the veracity of audio leaks al­legedly concerning the Judiciary; (a) call between ex-Chief Minister Punjab and an advocate regarding a sitting Judge of the Supreme Court of Pakistan, (b) between ex-Chief Minister, Punjab and an advocate regarding fixation of some cases before a particular Bench of the Supreme Court of Pakistan, (c) between ex-Chief Minis­ter Punjab and a sitting Judge of the Su­preme Court of Pakistan, (d) between Re­tired Chief Justice of Pakistan and a senior lawyer, (e) between a lawyer and a journal­ist on the outcome of a case before a partic­ular Bench of Supreme Court of Pakistan, (f) between former Prime Minister of Pa­kistan and his party colleague about their links in the Supreme Court of Pakistan, (g) between mother in law of the Chief Justice of Pakistan and wife of a lawyer regarding cases in the Supreme Court of Pakistan and hoping for un-constitutional rule (h) be­tween son of a former Chief Justice of Pa­kistan and his friend mentioning his father in a political role; (ii) to inquire into the correctness of the allegations surfacing on print and electronic media and the social media allegedly regarding son in law of the Chief Justice of the Lahore High Court influ­encing judicial proceedings before the La­hore High Court, Lahore; (iii) to determine violation, if any, of integrity of the process of administration of justice, independence of Judiciary, right to fair trial and equali­ty of citizens; (iv) to determine the liabili­ty incurred by any or all persons named in the alleged audio leaks against or any oth­er person or public office holders includ­ing under the Pakistan Penal Code, 1860 or any other law; (v) to determine as to whether any disciplinary proceedings are attracted; (vi) to fix the responsibility of any person or public office holder aiding and abetting by any act in violation of the laws of Pakistan so determined; (vii) to recommend any necessary legal action by any agency, department or person; (viii) if the stated audios are fake or fabricated, to inquire into and fix responsibility with regards, as to who is making these and recommend action to be taken in this re­gard; and (ix) any matter ancillary and in­cidental thereto or which the Commission deems fit to inquire into it in the interest of justice. The Commission will have all the powers that are granted to it under the Act and including those mentioned in section 10 of the Act. It shall be the duty of all executive authorities in the Federa­tion and the Provinces to act in aid of the Commission in discharge of its functions and to comply with any of its directions. The Commission will be entitled to estab­lish a Secretariat and appoint Secretary for the stated inquiry at the cost of the Federal Government. The Attorney General for Pa­kistan will assist the Commission and pro­vide the Commission with all documents and material that it requires. The Commis­sion will initiate the inquiry immediate­ly after the notification of its constitution and will conclude the inquiry and submit its report to the Federal Government with­in thirty days. However, if the Commission requires further time, the federal govern­ment will grant it.