The Islamabad High Court (IHC) has issued notice to the attorney general of Pakistan over the maintainability of a plea seeking the formation of a commission to ascertain the veracity of an alleged audio of former chief justice Saqib Nisar. In the audio released by the Pakistan Muslim League-Nawaz (PML-N), Nisar can allegedly be heard discussing the trial of former prime minister Nawaz Sharif and daughter Maryam Nawaz with an unknown individual. The ex-CJP is purportedly telling the other person that Nawaz and Maryam would have to be punished as he had been told to make space for Imran Khan in politics. Justice (r) Nisar termed the clip 'fabricated'. As it took up the petition today, the IHC chief justice, Athar Minallah, asked the AGP to appear before the court on Dec 8 and said the high court wanted to address the maintainability of the plea and whether the allegations warranted an inquiry into the leaked audio clip. In an allusion to Maryam’s petition against the Avenfield verdict, CJ Minallah said the audio leak pertained to pending appeals being heard by an IHC bench. The IHC CJ said those who released the audiotape did not show any interest in bringing the matter to the court, adding that political parties build narratives outside courts but never approach courts in such situations. The court has to question their motive if they do not come to the courts, he said, questioning whether the court should play into the hands of those who released the audiotape. Read The mixed legacy of CJP Nisar Justice Minallah said if we assume that the viral audio clip is authentic, then who will provide the original clip of the ex-CJP's 'leaked audio'. The IHC CJ further said anything can go viral on social media, are courts expected to investigate every such case. “Such investigations” will set a precedent and tomorrow anyone will come to court with a clip and demand an investigation. He further said there were rumours making rounds that he have taken an apartment from someone. “Should I also order an inquiry into this,” he rhetorically asked. Petition seeks probe Last week, a petition was filed by the Sindh High Court Bar Association (SHCBA) and the Judicial Commission of Pakistan (JCP) seeking a probe into the alleged leaked audio of the former CJP. According to the petition, the audiotape had “tarnished the image of the judiciary”. To protect the independence of the judiciary, it was important to determine whether Justice (retd) Nisar's audio is genuine or fake, it added. The petition detailed five major allegations levelled against the higher judiciary in the last four years. The first is the alleged WhatsApp call; the second is the revelations of Justice Shaukat Aziz Siddiqui; the third is the video of late Judge Arshad Malik which was played by PML-N leader Maryam Nawaz in her press conference; the fourth is Rana Shamim's statement and the fifth is an audiotape attributed to Justice (retd) Nisar. According to the petitioners, the alleged audiotape attributed to the former chief justice gives the impression that the judiciary is under pressure from external forces. They suggested that the court should form an independent commission to protect its name as important questions had been raised about the independence of the judiciary. “As a constitutional court, it is important to restore public confidence in an independent and impartial judiciary.” The SHCBA and the JCP requested the formation of an independent commission comprising well-known retired judges, lawyers, journalists and members of civil society to investigate the alleged audiotape attributed to the former chief justice. “The commission should be asked to prepare the terms of reference and investigate other allegations against the judiciary,” it read.
from Pakistan News, Latest News Pakistan, Pakistan Headline | eTribune https://ift.tt/3rdi7H4
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