ISLAMABAD: The Constitutional Bench of the Supreme Court on Thursday ordered the government to state whether it intends to continue with the inquiry commission constituted in the wake of audio leaks.

While postponing proceedings for the next week, Justice Amin-ud-Din Khan wondered whether the commission was a live issue or has become infructuous as its chairman stands retired while one of its members has been elevated to the Supreme Court.

Attorney General for Pakistan Mansoor Usman Awan sought time to find out if the government intends to set up a new commission or not.

At this, Justice Khan observed that if the new commission was formed, then this case would become ineffective. However, Justice Muhammad Ali Mazhar reminded that the cabinet decision to form the commission was still alive.

AGP seeks time for consultation with govt; SC issues notice in ‘misuse’ of authority case

Justice Jamal Khan Mandokhail wondered whether the government would nominate judges for the commission in consultation with incumbent Chief Justice of Pakistan Yahya Afridi, but AGP Awan said it was a legal issue since law did not mandate consultation with the CJP for the appointment of judges to the commission.

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However, Justice Mandokhail observed that the SC’s authority cannot be undermined, also asking what will happen if the CJP excused from appointing judges to the commission.

The case was adjourned to next week to let the government apprise the court about its intention.

On May 20, 2023, the federal government had notified the constitution of the three-man commission under then SC judge Qazi Faez Isa to probe the veracity of alleged audio leaks, some of which raised serious apprehensions about the independence of judiciary.

Misuse of authority

The bench issued notices to the registrar of Lahore High Court and advocate general Punjab on an appeal moved by Advocate Mian Dawood regarding misuse of authority by LHC’s ex-CJ Muhammad Ameer Bhatti.

The counsel, who joined the proceeding from Lahore via video link, argued that the former CJ had dolled out advance increments to employees before his retirement, reminding the court that if the PM misuses public funds, he has to face action against him. The counsel argued that the ex-CJ had no right to overstep his authority.

At this, Justice Afghan observed that CJs enjoy discretionary powers but this authority was exercised very carefully.

Published in Dawn, November 22th, 2024