IHC reserves verdict on plea for probe into ex-CJP Nisar’s audio

ISLAMABAD: Islamabad High Court (IHC) Chief Justice Athar Minallah Friday reserved a judgment on a petition seeking an investigation into former chief justice Saqib Nisar's alleged audio clip.

The high court heard a petition, filed by former president Sindh High Court Bar Association Salahuddin Ahmed, seeking formation of an inquiry commission to investigate the audio clip. The IHC chief justice asked the petitioner where the original audiotape was, as the matter was related to a pending appeal. He said the parties concerned were not showing any interest in the matter then why the court should take any action.

Attorney General for Pakistan (AGP) Khalid Javed Khan opposed the investigation into the alleged audio, questioning the narrative that one person’s audio clip had made the entire judiciary appear 'compromised’.

“What is the difference between the petitioner and Rana Shamim?” the AGP asked, referring to the alleged affidavit of Gilgit-Baltistan's former chief justice in which he had claimed that ex-CJP Saqib Nisar influenced the case against former premier Nawaz Sharif and his daughter Maryam Nawaz.

The AGP said the message being given through the plea was that “if you will bother us, all judges will be sent packing. "The judge will be summoned to Jeddah, Lahore and will not be allowed to rest in peace even after his death.”

Khan argued that "no inquiry was ordered when a CJP was attacked, or when a briefcase full of cash was sent to someone", adding that "the judiciary didn't appear compromised when a prime minister was hanged".

"The argument regarding the entire judiciary being compromised seems to only start with this case," the AGP remarked. He said that an investigation into the audio scandal will affect the ongoing case against Rana Shamim and former prime minister Nawaz Sharif in the Islamabad High Court.

“The petition should be rejected as it could affect the pending case. The court should not get involved in this matter,” he added. Responding to the AGP's arguments, Chief Justice Athar Minallah remarked that his arguments were alarming.

The AGP asked the court how it would maintain a balance in the case considering that one party claims the audio clip is real while the other denies it, opining that it will be difficult for the court to do so.

“Even if a commission is formed, can there be any guarantee that the pending appeal will not be affected?" Khan stated, adding that another reason for the plea to be dismissed was that the petitioner claims he does not possess the original audio.

"[Journalist] Ahmed Noorani claims the audio clip is authentic on the basis of a forensic analysis while a TV channel showed how the clip appears to have been edited in places [also on the basis of a forensic analysis],” the AGP said.

Addressing the court, petitioner and lawyer Salahuddin Ahmed argued that "had inquiries been conducted in the Maulvi Tamizuddin case, Bhutto's judicial assassination, dismissal of a chief justice on the pretext of a briefcase, we would not have had to see this day".

“If we will keep leaving everything to past judgments, history will continue repeating itself," Salahuddin said, stating that he considered himself an affectee of the audio clip scandal. "Whether it is Nawaz Sharif or Allah Rakha, my problem is the role of my chief justice,” the lawyer argued.

To this, the AGP stated that he would like to make a proposal to the petitioner and the SHCBA. "If the petitioner says he will be equally upset if this happens to an Allah Rakha, then how about we start with conducting an inquiry into [former CJP] Sajjad Ali Shah's removal?" Khan said.

The petitioner, responding to the proposal, remarked that the AGP was now suggesting of opening up absolutely old cases. However, the court maintained that if this “door was opened” for the government then pending cases will be interfered with. It later reserved its judgment on the petition.