Audio leaks case: Justice Sattar throws out FIA, PTA, Pemra’s recusal pleas

ISLAMABAD: The Islamabad High Court Monday fined three government departments Rs500,000 each while dismissing their petitions concerning the bench hearing the audio leaks case.

The court also hinted at initiating contempt of court proceedings against the authorities of said departments, which include Pakistan Electronic Media Regulatory Authority (Pemra), Pakistan Telecommunication Authority (PTA) and Federal Investigation Agency (FIA).

At least four government departments, including the Intelligence Bureau, filed separate applications with the IHC in the case requesting that the matter be placed before the same bench of the court that had already decided a similar issue.

The applicants said the petitions of Bushra Bibi and former chief justice of Pakistan Saqib Nisar’s son Najamus Saqib should also be placed before the bench that had decided an identical matter in 2021, requesting recusal of Justice Babar Sattar to avoid any differing decision.

Justice Sattar has been hearing these petitions since the matter surfaced in 2023. The court also summoned Joint Director General IB Tariq Mehmood on the next hearing.

In the case being heard by Justice Sattar, the government departments argued in the pleas that an identical matter was previously decided by Justice Mohsin Akhtar Kayani in 2021. Therefore, they requested the judge’s recusal in the case to avoid a conflicting decision as well as in the interest of justice.

The departments are seeking Justice Sattar’s recusal after a letter by six IHC judges, which also includes him, was written to the Supreme Judicial Council (SJC) complaining of interference of intelligence agencies in the court matters.

Justice Sattar said the purpose of filing miscellaneous pleas to transfer the case to another court was to embarrass the judicial proceedings.

“If the executive threatens judges and they start contempt of court proceedings against them, how is it a conflict of interest?” he asked, adding whether a judge will conduct contempt of court proceedings for personal gain.

Justice Sattar questioned if the court should ignore all the cases related to IB and FIA in that case. “If your argument is accepted, then no case should be heard against the government,” he remarked.

Later during the hearing, veteran lawyer and judicial assistant Barrister Aitzaz Ahsan said he was happy that the judiciary had decided to take a stand, saying “enough is enough”. He also insisted that the judiciary should have taken a stand even on the delay in elections.

“There is still time for us to stand up and put our house in order. I believe in the supremacy of parliament and supremacy of the Constitution,” he said.

When, during the hearing, the senior lawyer referred to the case against the trial of civilians in military courts in the Supreme Court, the court barred him from doing so.

Ahsan also mentioned the audios of Nawaz Sharif, Maryam Nawaz and Asif Zardari surfacing in the past. “This is a matter of public interest and FIA should take action on its own,” the lawyer said.

According to the Benazir Bhutto case, Justice Sattar remarked that spying on anyone was “illegal”. The judge further questioned, “Can this court just give a declaration and the Federation continues to violate it? What will happen if a plea comes tomorrow and the Federation says ‘we haven’t done it?’”

The court then sought assistance on the aforementioned point in the next hearing, stating that the hearing’s next date will be mentioned in the written order.