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The federal government on Tuesday raised an objection to three members of the five-member bench hearing a set of petition challenging the constitution of a judicial commission probing audio leaks involving judges.
The government had formed the commission on May 20 under Section 3 of the Pakistan Commission of Inquiry Act 2017. Led by senior puisne judge Justice Qazi Faez Isa, the commission also comprised Balochistan High Court Chief Justice Naeem Akhtar Afghan and Islamabad High Court Chief Justice Aamer Farooq.
The commission was tasked to complete the inquiry within 30 days.
In the petition filed today, the government requested that a new bench be formed to hear the petitions against the high-powered commission — headed by Justice Qazi Faez Isa.
“Chief Justice Umar Atta Bandial, Justice Ijazul Ahsan and Justice Munib Akhtar should not listen to the audio leak case,” the petition appealed, adding that the “three respected judges should refuse to sit in the five-member larger bench”.
The petition said that one of the rules of natural justice was that the adjudicator should be impartial.
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It said that the CJP’s inclusion in the bench hearing pleas against the commission, formed to investigate audio leaks “pertaining to a very close family member”, raised grave concerns regarding the appearance of impartiality.
