ISLAMABAD - The Constitutional Bench of the Supreme Court on Monday allowed the Additional Attorney General of Pakistan (AAG) more time to take instruction from the government regarding the audio leaks case.
A six-member bench, headed by Justice Amin-ud-Din and comprising Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi and Justice Musarrat Hilali and Justice Naeem Akhtar Afghan conducted hearing of multiple cases.
The bench in the last hearing (November 22) of the audio leaks case, had asked the government whether it like to continue with the inquiry commission, constituted by the PDM government in May 2023 to probe the audio leaks of the then President of Supreme Court Bar Association Abid Zuberi with former chief minister Punjab Pervaiz Elahi.
At the outset, AAG Aamer Rehman requested the bench to grant some time in audio leaks case to get instruction from the government. He said that this matter should have been presented in the cabinet, but it could not happen due to law and order situation in Islamabad, referring to last week’s clashes between security forces and PTI protesters across the federal capital.
“Give time, the audio leaks case will be presented at the next cabinet meeting,” Aamir said. He added, “The court will be informed of the cabinet’s decision on the audio leaks.”
“Let the Attorney General’s office take instructions from the government,” Justice Amin said. The matter will be looked into after the government’s instructions, he added.
On May 29, IHC’s Justice Babar Sattar had barred telecom companies from recording phone calls and data for surveillance purposes.
However, a two-member bench comprising Justice Amin-ud-Din Khan and Justice Naeem Akhtar Afghan on August 19, 24 suspended the Islamabad High Court’s (IHC) orders in the audio leaks case related to Bushra Bibi, wife of former premier Imran Khan, and Najam Saqib, the son of former chief justice of Pakistan Saqib Nisar.
The SC restrained the IHC from taking any further action in the audio leaks case and declared that the orders it issued on May 29 and June 25 were beyond its ambit.
Justices Aminuddin Khan and Jamal Mandokhel recused themselves from hearing a petition challenging the appointment of the Chief Justice of the Lahore High Court Justice Alia Neelum, saying they were member of the Judicial Commission of Pakistan (JCP) which had recommended her appointment.
Justice Alia Neelum became CJ LHC on July 11, 2024 after the approval by the Commission, chaired by Chief Justice of Pakistan Qazi Faez Isa.
Justice Amin stated that as a member of the Commission he agreed to the appointment of Justice Neelum as the CJ LHC therefore can’t hear this case.
Justice Mandokhel said that both judges, being part of the Commission, could not fairly hear the matter. The bench subsequently ordered the transfer of the case to another Constitutional Bench for further proceedings. Shafqat Mahmood Chohan, a member of Pakistan Bar Council member on August 1, 2024, challenged Justice Alia Neelum’s appointment, arguing that it violated the constitutional principle of seniority.
He contended that the seniority principle, as established in the Al-Jihad Trust case, has been disregarded in this appointment, and the court should declare it unconstitutional. He further argued that the appointment of a junior judge to the prestigious position of Chief Justice goes against established norms, and calls for the court to nullify the appointment.