ISLAMABAD: The Islamabad High Court (IHC) on Monday issued a pre-admission notice to the attorney general for Pakistan (AGP) on a petition seeking a probe into an alleged audio leak involving former chief justice Saqib Nisar.
IHC Chief Justice Athar Minallah took up the petition filed by Sindh High Court Bar Association (SHCBA) President Salahuddin Ahmed and member judicial commission Syed Haider Imam Rizvi.
The petition stated that the alleged audio clip of the ex-CJP hurt the dignity of the judiciary, pleading with the court to constitute a commission comprising a retired judge, lawyer, journalist and members of civil society to ascertain the veracity of the controversial clip.
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“The alleged audio tape creates the impression that the judiciary is under the influence of outside forces,” a lawyer representing the petitioners said, adding the judiciary needs to appoint a probe commission to save its reputation.
“How is this petition maintainable?” the chief justice asked the counsel. “Against whom was the writ filed?” The court further questioned if the petition was filed against the incumbent chief justice, to which the counsel replied that it pertains to the audio leak involving a former chief justice.
Justice Minallah remarked that the alleged audio clip in question dates back to the time when Saqib Nisar was serving as the chief justice.
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“We live in a society where social media has no regulations,” the top IHC judge lamented. “Something starts doing rounds [on social media] everyday. Which matters will you get probed?”
He said the court would first decide whether the petition was maintainable or not. “We have to deal with matters as per the law and avoid judicial activism,” Justice Minallah said.
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