Islamabad High Court (IHC) has reserved judgment on the petition seeking investigation into matter of alleged audio of former Chief Justice of Pakistan (CJP) Saqib Nisar.
Petition filed by Salah ud Din, former president Sindh High Court Bar(SHB) for formation of inquiry commission to probe into audio clip of former CJP Saqib Nisar came up for hearing before single bench of IHC presided over by Chief Justice (CJ) IHC Athar Minallah here Friday.
Attorney General (AG) Khalid Javed Khan and former president SHB Salah ud Din appeared in the court.
Salah ud Din advocate said “ as per order issued by the court during its previous hearing I wrote to Pakistan Bar Council (PBC) which has nominated Hassan Pasha advocate.
The court inquired where is original of audio.
Salah ud Din advocate said it was on website of audio copy fact focus. The court had sought name of forensic copies from AG.
CJ IHC remarked tell us first where is original audio. This matter pertains to a pending appeal. May be he has himself taken this plea in the appeal . It can not happen so that two parallel hearing should run in a case. No forensic firm in the world can give a clear opinion unless original audio becomes available. Salah ud Din Sahb we are present for accountability. Tell us if you have any complaint against this court. Tomorrow we get conduct its forensic and opinion comes that this audio is not authentic. On the other side appeals of this case are pending hearing. Will the right of fair trial in appeal be not affected on arrival of such report.
Salah ud Din advocate said journalist Ahmad Noorani will never provide me original audio. Audio can be got if the court or commission summons him.
CJ IHC remarked Supreme Court (SC) decision is there about audio. How can we move forward by going against this decision. How can we run parallel proceedings in pending case.
CJ IHC remarked you talk of this court. First tell us what is your complaint against this court. Now you will have to tell first that this court has done what.
Salah ud Din advocate said I meant to say the entire judiciary and not this court. May be this audio relates to friendly talks with Saqib Nisar.
CJ IHC said original audio is not available, therefore, stress should not be laid on it.
Hassan Raza Pasha, representative of Pakistan Bar Council came on the rostrum.
CJ IHC remarked has PBC original audio.
Hassan Raza Pasha said we are grieved that allegations have been leveled against this court.
AG Khalid Javed Khan said it has been said before the court just now that if this audio proves false then this court will stand acquitted. Then it was said no we have trust on this court. We will go to what extent for one case. This trend should come to end. It is being said that the entire judiciary is compromised on one audio. What difference has been left between this petitioner and Rana Shamim. Message is being given “ Touch it then we will send all the judges to home. Message is this judges will be called in Jeddah and Lahore as well. We will not leave them after death. Chief justice is attacked upon and no need of inquiry is felt there. Here currency notes are sent in brief case but nothing is said about conducting inquiry.
He further said whosoever has not trust on judiciary he should say it openly here. The audio of the person is made base who has neither heard their case nor their appeal.
He said these people are neither becoming respondents in pending hearing appeal pleas nor in Rana Shamim case. The petition seeking initiation of proceedings separately be rejected. PBC can be respondent but they have not come. On one side the stance is that the audio is fake and on the other side the stance is this that audio is original. Can the court shift its weight to any side in this matter. If commission is constituted then what guarantee can be given the pending appeal will not be affected.
He also invited reference to Samaa TV report. The petitioner counsel says original audio is not available. This basis is enough to reject the petition. A story was given after the process of forensic and the other channel brought its opposite forensic. Pakistan judiciary does not need crutches of any forensic.
He further pleaded two or three political agendas run and we should not subscribe to any one agenda. The history is very cruel and it does not remember any one on forensic report. The history will remember judges due to their decisions.
Salah ud Din advocate said the AG gave reference to the past incidents. If we make history as judge then history will go on repeating itself. Had the matter of sending brief case been probed into then the incidents of making phone calls to judges would have not occurred. AG had said two months before that Bhutto murder was judicial murder. His reference is pending hearing. Did government give application on its hearing.
The court reserved the judgment following the completion of arguments of the lawyers.