Isa questions SC stay on judicial panel without notification.
1.audio leaks
A commission has been established by law to investigate audio leaks, and the apex court judge has stated that an order will be issued after hearing respondents in accordance with SC regulations.On Saturday, Justice Qazi Faez Isa said that the Judicial Commission (JC) investigating the suspected audio leaks had not been informed about the hearing.A three-member JC led by Justice Qazi Faez Isa and consisting of the Chief Justices of the Balochistan High Court and the Islamabad High Court, Aamir Farooq and Naeem Akhtar Afghan, has postponed its proceedings until May 31 after a five-member bench of the Supreme Court stayed the commission’s proceedings the day before.
2.commission
In a recent ruling, the commission notes that “the learned Attorney General for Pakistan has read out order dated May 26, passed in the Constitution Petitions No14to 17/2023, which he states are petitions filed under Article 184(3) of the Constitution.”We asked the learned Attorney General if the Inquiry Commission has been included as a party, and he told us that the commission is named as respondent No. 2 through its secretary in Constitution Petition Nos. 14 and 15/2023.”In view of the aforesaid order, the proceedings of the commission are adjourned,” the order stated. Mansoor Awan, the Attorney General, stood before the commission at the commencement of the hearing and read the order that had been passed by the five-member bench on Friday staying the JC proceedings.
3. Supreme Court
Justice Isa, upon hearing the order, stated, “According to the rules of the Supreme Court, a decision is taken after listening to the parties.” He also requested that the commission receive a copy of the order.He said, “I also know a little about the Constitution,” and asked if the highest court had made any order concerning the inquiry commission. If the commission was a stakeholder in the case, why wasn’t it given a voice? The chief justice questioned the AGP’s presence in court on a Friday. “Were you given notice [to appear before the court] or were you just sitting there?” he questioned. The AGP said he was informed verbally that he needed to show up in court. He explained, “The notice was issued to me after the hearing.”
When none of the petitioners bothered to send a notice to the JC, Justice Isa pointed out that the Supreme Court Rules require an order to be granted only after hearing the replies.
4.The AGP
Then he said something about the commission not being informed of the hearing beforehand. “How then was its operation disabled?” The AGP turned to inquire, “Why didn’t yotell the judge on Friday that we’d previously answered their concerns? It surprises me that you have not argued against these claims. Like Justice Isa, you may have noticed that none of the petitioners promised to show up to Saturday’s commission hearing. As the judge put it, “the petitioners held a press conference outside the court but they did not appear before us,” and neither Abid S. Zubairi, the petitioner, nor his counsel, Shoaib Shaheen, bothered to show up before the commission. While agreeing with the petitioners that it is unacceptable to pry into people’s homes.
5.Justice Isa
Justice Isa questioned whether or not CCTV cameras mounted on public streets also violate people’s right to privacy.Justice Isa stated that the inquiry commission was not engaging in any activities that “would be considered a breach of anyone’s privacy.” The court’s judgeIt has been noted that Shoaib Shaheen, counsel for the petitioner, frequently appears on television, despite the fact that, according to the regulations, a lawyer who is presenting a matter in court is prohibited from communicating to the media. “Shoaib Shaheen violates the Lawyers Practise Act while appearing on TV every day, but he did not bother to appear before the commission,” Justice Isa remarked.
6. chief justic
He went on to say that someone else who had been summoned to court had sent an application to be excused from appearing. The chief justice said, “Another party has said that he is in Lahore for a medical check-up.” In reference to the committee’s prior declaration that it will meet at the SC but could travel to Lahore to obtain statements of the elder ladies involved, the justice added, “He asked us to take his statement when the commission goes to Lahore.” He then summoned Abdul Qayyum Siddiqui, the lone witness among the four defendants, to the stand. In the meanwhile, the judge had the attorney general (AG) recite the judicial oath. Under the oath, Justice Isa said, judges have an obligation to carry out their responsibilities in a way that is consistent with the law and the Constitution.
7.established legall
The judge continued by noting that the JC was established legally and by noting that they serve only Allah and not any other master. Justice Isa said that the judges earn nothing for conducting such a hard probe, and that he would have recused himself had the commission not been allowed under oath. The Supreme Court’s order on Twitter was raised, and Justice Isa queried the AG about it. The AG said software was to blame and that he was unaware of the hacker.
