ISLAMABAD: A high-powered judicial commission, which has been tasked with investigating the audio leaks concerning the judiciary, declared on Monday it will conduct its inquiry in a transparent manner accessible to the public.
Last week, the government of Pakistan Democratic Movement (PDM) notified a three-member commission to investigate within a month the secretly-recorded conversations that it claimed have raised questions about the “independence, impartiality and uprightness” of superior court judges in administering justice.
Headed by Justice Qazi Faez Isa, the panel also includes Chief Justice Naeem Akhtar Afghan of the Balochistan High Court (BHC) and Chief Justice Aamer Farooq of the Islamabad High Court (IHC).
A notification issued by the Cabinet Division on Friday declared that several leaked conversations over the past year have eroded public trust and raised “serious concerns” about the impartiality of judges.
“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,” it said.
The communiqué, however, showed scant interest in uncovering the government agency responsible for the illegal recordings of conversations, which spared not even the family members of the top judges.
The commission held its first hearing today in courtroom number 7 of the Supreme Court. Attorney General Mansoor Usman Awan also appeared before the panel.
Members of the commission said it was in the interest of the public to address the apprehensions surrounding the independence of the judiciary after the government invoked Section 3 of the Pakistan Commissions of the Inquiry Act, 2017, to commission the inquiry.
During the proceedings, Justice Isa formally requested the complete names and addresses of all individuals implicated in the recordings. He clarified that the commission’s primary objective is to gather factual information and not to pursue punitive action against anyone.
It is important to note that this commission should not be confused with the Supreme Judicial Council, as all proceedings will take place within the premises of the top court in Islamabad.
During the session, Attorney General Awan highlighted that the establishment of the commission falls under the Inquiry Commission Act. Justice Isa said that in-camera proceedings could be considered upon request from witnesses or parties involved, and he mentioned the possibility of visiting Lahore to record statements from a “few elderly women.”
The selection of the commission’s secretary will be finalized soon, and Justice Isa assured that efforts would be made to conduct proceedings in accordance with the commission’s mandate.
He reiterated that the commission would not take action against any judge and emphasized that the jurisdiction of the Supreme Judicial Council would not be interfered with.
Justice Isa made it clear that the commission possesses the authority to issue summons to uncooperative individuals, although they prefer to issue notices first. Furthermore, he suggested publishing advertisements in both English and Urdu newspapers to gather information from the public.
To ensure the authenticity of the audio recordings, Justice Isa suggested consulting the Punjab Forensic Agency. If individuals claim that their voices were either manipulated or not their own, verification should be conducted prior to the proceedings.
Justice Isa stressed the importance of having a representative from the forensic agency present during the commission’s proceedings to facilitate immediate verification if an individual denies their involvement.
Additionally, arrangements should be made to play the relevant audio recordings during the hearings.
