ISLAMABAD: Islamabad High Court (IHC) Chief Justice Athar Minallah on Wednesday questioned why the court should order an inquiry into an alleged audiotape of former chief justice of Pakistan (CJP) Mian Saqib Nisar when the top PML-N leadership whom it concerns have not approached the court themselves.<\/p>\n
He made these remarks while hearing arguments on the maintainability of a petition seeking the formation of an independent commission to ascertain the authenticity of an alleged audio of Nisar and probe certain events be\u00adfore and after former prime minister Nawaz Sharif\u2019s conviction.<\/p>\n
The petition has been jointly filed by Salahuddin Ahmed Advocate, president of the Sindh High Court Bar Association, and Syed Haider Imam Rizvi, a member of the Judicial Commission (Sindh).<\/p>\n
During Wednesday\u2019s hearing, Justice Athar Minallah asked the AGP Barrister Khalid Jawed Khan who the court should issue orders to regarding an inquiry.<\/p>\n
Khan responded that the petition had been filed under Article 199-C of the Constitution \u2014 that relates to a high court\u2019s jurisdiction in cases regarding enforcement of fundamental rights.<\/p>\n
\u201cIt seems like they (petitioners) have filed a proxy petition. A perception should not be given that the petitioners are arguing someone else\u2019s case,\u201d he said, adding that sometimes people did not know when they were being used.<\/p>\n
\u201cThis is the season of harassing and pressuring judges. Sometimes an audio, sometimes some concocted affidavit is released,\u201d the attorney general said, referring to an affidavit by former Gilgit-Baltistan chief justice Rana Shamim in which he accused ex-CJP Nisar of colluding to deny bails to Nawaz and Maryam before general elections 2018.<\/p>\n
The petitioner had mentioned events of 2017, the AGP continued \u2014 talking about a letter mentioned in the petition that alleged the then-chairman of the Securities and Exchange Commission of Pakistan (SECP) had received a call from a United States number to include the name of Bilal Rasool in the Joint Investigation Team (JIT) constituted by the Supreme Court to look into the assets of Nawaz and his family.<\/p>\n
There was a prime minister (Zulfiqar Ali Bhutto) who was hanged on the court\u2019s orders, AGP Khan said. \u201cFormer prime minister] Benazir Bhutto\u2019s government was not restored but another one was. Briefcases full [of cash] were also given in the past.\u201d<\/p>\n
If the petitioners wanted to conduct inquiries into past events, they should amend their petition, Khan argued. \u201cWhy should we go only till 2017? Let\u2019s go to [the tenure of] Zulfiqar Ali Bhutto,\u201d he said.<\/p>\n
Recalling events from the PML-N and PPP governments, the attorney general said it should be found out why Justice Sajjad Ali Shah, who was appointed the chief justice in 1994, was removed from his post. \u201cWho were the suitcases full of money going to? Let us do accountability of all those who are alive,\u201d he argued.<\/p>\n
\u201cWhy are people choosing only one prime minister and coming to court as their proxy? One chief minister called a judge and the [court\u2019s] decision was declared void but action was not taken against anyone. Thousands of people are left unemployed (after an SC order) but no videos come from them.\u201d<\/p>\n
Everybody was claiming that they had videos these days, Khan said. \u201cToday is the day of accountability,\u201d he added.<\/p>\n
Criticising the conduct of bar associations, the AGP recalled that lawyers had tortured a district court judge in Mandi Bahauddin while elsewhere, they had shouted slogans against the chief justice on the court premises.<\/p>\n
For his part, Salahuddin Ahmed \u2014 president of the Sindh High Court Bar Association and one of the petitioners \u2014 said the court could look at Prime Minister Imran Khan\u2019s statements against the judiciary.<\/p>\n
\u201cIt is said to either do accountability of last 70 years or not at all to divert attention.\u201d<\/p>\n
At this, the attorney general countered that all matters of the past could be sent to the parliament.<\/p>\n
\u201cAn appeal is being heard in this high court. That one appeal has perplexed the entire judiciary,\u201d he added, referring to Maryam Nawaz\u2019s appeal against her conviction in the Avenfield reference.<\/p>\n
While acknowledging that those whose cases would be affected by the alleged audiotape had not approached the court, Ahmed said his stance was that courts were being made controversial. The judiciary could stop that from happening by ordering an inquiry, he added.<\/p>\n
The IHC chief justice observed that any audio or video could be constructed in today\u2019s age of advanced technology. \u201cAnybody can make an audio and ask for investigation. What effect would it have on ongoing appeals if we order an inquiry into this audiotape?\u201d he questioned.<\/p>\n
The attorney general contended without naming Maryam that all matters were related to one appeal, iterating that a \u201cproxy war\u201d was being fought for one case. He said he was willing to file an amended petition himself, seeking accountability of past incidents.<\/p>\n
Ahmed countered that if the attorney general wanted, he could get accountability of past incidents done through the government, asking why there was a need to connect this petition to those incidents.<\/p>\n
Referring to the case related to the ex-GB judge\u2019s affidavit, the lawyer said the petition related to the audiotape could be heard too.<\/p>\n
Justice Minallah noted, however, that the matter of the affidavit was different because the person concerned \u2014 Rana Shamim \u2014 had himself approached the court. \u201cYou\u2019re unsure yourself about the [authenticity of] the audiotape you\u2019re mentioning. A commission can be formed when there are grounds.<\/p>\n
\u201cThe 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?\u201d he questioned.<\/p>\n
The attorney general asked Ahmed to amend his petition to include such incidents in the past as well, vowing to take the matter to parliament himself. The court adjourned the hearing till December 24.<\/p>\n