The federal government has objected to the larger bench of the Supreme Court hearing the petitions against the audio leaks commission.
The government has submitted a miscellaneous application in the petitions already challenging the audio leaks commission. The government says that three judges, including the chief justice of Pakistan, should not hear the leaks commission case.
Justice Ijazul Ahsan and Justice Muneeb Akhtar should also not hear the case, the petition adds. The three honorable judges should refuse to sit on the five-member larger bench, the petition seeks. The petition also requests the formation of a new bench to hear the federal government’s plea.
It further says that in the hearing of May 26, the objection raised against the CJP was not encouraged. One of the audio leaks before the commission of inquiry is related to the chief justice of Pakistan’s mother-in-law, the petition states. According to court decisions and the code of conduct, a judge cannot hear a case of his relatives, it added.
The alleged audio leak is also related to Justice Ahsan and Justice Akhtar, the petition further added. In the Arsalan Iftikhar case also, former chief justice of Pakistan Iftikhar Chaudhry had recused himself from the bench, the petition states.
The Supreme Court on Friday, while barring the Justice Qazi Faez Isa-led audio leaks commission from work, issued a stay order and adjourned the hearing on petitions against the commission till May 31. The apex court while issuing the order suspended the notification of the establishment of the commission and the order of the panel summoning four persons to appear before it.
Earlier, during the hearing, CJP Bandial said the notification of the commission is apparently a violation of Article 209, an attempt to divide legal eagles. He suggested that this attempt might be unintentional, highlighting the need for careful consideration of such matters.