Two-judge bench orders IHC to stop further proceeding.  IHC’s orders of May 29 and June 25 are beyond its authority, rules SC.  Nowadays, every mobile has a recording system: Justice Amin. Unfortunately, no one wants to get to the truth in this country: SC.

ISLAMABAD   -   The Supreme Court of Pakistan on Monday ordered the Islamabad High Court (IHC) to stop proceedings, till further orders, in audio leaks cases involving son of former Chief Justice of Pakistan Saqib Nisar and Bushra Bibi, wife of PTI founder Imran Khan.

The top court also served notices to respondents in an appeal filed by the federal government against the order of Islamabad High Court (IHC) related to the alleged audio leaks of Najam us Saqib and Bushra Bibi.

 A two-judge bench comprising Justice Amin ud Din Khan and Justice Naeem Akhtar Afghan heard the case. The apex court, in its order regarding the hearing, said that the Additional Attorney General stated that the proceedings of the IHC have not been finalised. The high court has exceeded the jurisdiction of Article 199, the principles have been laid down in two decisions of the Supreme Court that the high court cannot take suo motu notices by itself.

It said that the court was told that the five questions decided in the hearing of the high court on May 31, were not the case of the petitioners. It was also told that the high court could not investigate.

Additional Attorney General Aamir Rehman told the court during the hearing that in the order of the IHC of May 29, the authorities were stopped from phone tapping and CDR. Due to the order the institutions are unable to do counter intelligence and arrest terrorists.

The court said in its order that the order of the IHC dated 29 May 2024 was reviewed. This order was not extended in the next court proceedings, so they are not suspending the order, it added.

The bench 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. It issued notices to former prime minister’s wife Bushra Bibi and ex-CJP son Najam Saqib.

The federal government on July 05, 2024 filed the petition and submitted that the impugned order passed by the single bench of the IHC in W.P No. 1805/2023, is illegal, against the law and facts of case. Hence, the same is untenable & liable to be set aside.

It submitted that the IHC single bench exceeded its jurisdiction by taking suo motu notice by constituting a joint committee. Hence, the impugned order is not legally sustainable and thus liable to be interfered by the apex court.

Justice Amin asked if the high court had determined who is recording the audio. The additional attorney general said this has not been determined yet, and the investigation is ongoing. Justice Naeem said that unfortunately, no one wants to get to the truth in this country.

Justice Naeem said that an inquiry commission was formed to find out the truth and the Supreme Court issued a stay order on it. He noted that an inquiry commission was formed to investigate the veracity of audio leaks, but the Court (SC), upon the orders of the former chief justice, had to stay the decision.

Justice Naeem further said that since then the audio leaks case has not been fixed again, adding when parliament tried to find out the truth, it was also stopped. “If neither parliament nor the Supreme Court will be allowed to work, how will the truth come out?” the judge asked.

Justice Amin said that maybe those who are part of the conversation leaked the audio themselves, as every mobile phone has recording capabilities nowadays. He added, “Has this aspect been checked? Nowadays, every mobile has a recording system.”

A single bench of Justice Babar Sattar on June 25 rejected the additional attorney general’s request to hold in-chamber hearing in the audio leaks case and declared that any action of phone tapping without a legal mechanism was illegal.

The single bench of the IHC has erred in law by giving different directions through the Impugned Order while going beyond the pleadings of the parties. It was no one case before the IHC for such directions. It is an established law by the superior courts that the High Court does not have jurisdiction under Article 199 of the Constitution to take a suo motu notice.

On April 29, 2023, an alleged audio of former chief justice of Pakistan Saqib Nisar’s son Najam Saqib’s conversation with Abuzar, who got a PTI ticket for PP-137 of the Punjab Assembly became viral on the social media along with the electronic media. Upon becoming the alleged audio leaks viral and discussion thereon in the National Assembly, the Speaker National Assembly took notice of the same and constituted a special committee vide circulation dated 02-05-2023 to audit, inquire and investigate the petitioner (Najam) alleged audio leaks. He then filed a petition before the IHC.

An audio purportedly of PTI leader Zulfi Bukhari was leaked on December 8, 2022 and former prime minister Imran Khan’s wife Bushra Bibi discussing the sale of watches owned by Imran Khan.