Constitutional bench defers audio leaks case as govt seeks more time

ISLAMABAD: The constitutional bench on Monday adjourned the Audio Leaks Commission case indefinitely after the federal government sought time to seek instructions.

Additional Attorney General Chaudhry Aamir Rehman informed the court that the matter was yet to be presented to the cabinet due to the prevailing law and order situation in Islamabad.

The petitioner’s lawyer, Babar Awan, said that the Supreme Court’s decision regarding the legal status of audio leaks was already in place, but the bench allowed the government additional time.

Meanwhile, Justice Amin-ud-Din Khan and Justice Jamal Khan Mandokhail of the constitutional bench recused themselves from the hearing a plea challenging the appointment of Chief Justice of the Lahore High Court Aalia Neelum, citing their roles as members of the Judicial Commission, involved in the appointment. The bench stands dissolved to the extent of this case.

Justice Aalia Neelum became the first female Chief Justice of Lahore High Court after the Judicial Commission of Pakistan had approved her appointment as Chief Justice of Lahore High in July.

A member of the Pakistan Bar Council (PBC) had challenged the appointment of Justice Aalia Neelum as chief justice in the Supreme Court as he contended it had violated the principle of seniority established in the Al-Jehad Trust’s case by the apex court.

During the hearing, the additional attorney general had submitted that seniority was not a fundamental right and cited past instances whereby the chief justice’s appointment had not adhered strictly to seniority.

In the case regarding stone crushing in Khyber Pakhtunkhwa, the bench reviewed a report submitted by the additional advocate general of KP, which stated that over 200 stone-crushing plants had been shut down for non-compliance with regulations.

Senior lawyer Khwaja Haris requested more time, saying that lead counsel Barrister Aitzaz Ahsan was unavailable due to health reasons. The bench directed the KP government to provide its report to the counsel and adjourned the matter indefinitely.

The bench dismissed a petition regarding facilities in jails, upholding the registrar’s office’s objections. Justice Jamal Khan Mandokhail questioned whether such matters were within the court’s jurisdiction, suggesting that grievances about prison laws should be taken to provincial governments or high courts.

Justice Amin-ud-Din Khan emphasised that such petitions should not be filed in the Supreme Court. The bench also heard a plea challenging government treaties with power distribution companies.

While Justice Jamal Khan Mandokhail questioned the court’s ability to annul these agreements, Justice Musarrat Hilali remarked that the matter was of public importance and warranted intervention. Counsel Faisal Naqvi argued that citizens’ right to electricity was fundamental and alleged irregularities in the bidding process for treaties.

The court adjourned the case and issued a notice to the attorney general. In the case regarding pensions under the Employees Old-Age Benefits Institution (EOBI), the bench sought a report on payments and pension increases.

Justice Muhammad Ali Mazhar observed that the matter, pending since 2013, needed resolution. The petitioner, Muhammad Ashraf, said that he had been receiving a stagnant pension of Rs10,500 for years.

The counsel for EOBI informed the court that pension increases were being implemented per government instructions. The court adjourned the matter indefinitely, seeking further clarification from EOBI.