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ISLAMABAD: The Islamabad High Court (IHC) on Monday issued notice to the Attorney General of Pakistan (AGP) over the maintainability of a plea seeking an investigation into veracity of an alleged audio of former chief justice Saqib Nisar.
IHC Chief Justice Athar Minallah heard the petition seeking the formation of an independent commission to ascertain the authenticity of ex-CJP’s alleged audio and probe certain events before and after former prime minister Nawaz Sharif’s conviction.
During the hearing, the IHC chief justice asked the AGP to appear before the court on December 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.
Minallah observed that the people who were “affected” by the audio leak “did not show interest in bringing the matter to the court” — an apparent reference to ongoing hearings on PML-N Vice President Maryam and her husband appeals against their convictions in the Avenfield reference.
“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. 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 added.
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.
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’.
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.