Saqib Nisar audio clip: IHC says court action not possible without evidence

ISLAMABAD: The Islamabad High Court (IHC) Chief Justice Athar Minallah, while hearing plea to probe former chief justice Saqib Nisar for his remarks heard in his alleged audio clip, remarked that court action is not possible unless the plaintiffs bring evidence to support their claim.

President Sindh High Court Bar Salahuddin and Syed Hyder Imam Rizvi have filed a petition in IHC to probe the alleged audio clip of ex-CJP Saqib Nisar and requested the court to constitute commission comprising a retired judge, lawyer, journalist and members of the civil society, as audio clip has hurt the dignity of the judiciary.

During the hearing, IHC had summoned Attorney-General of Pakistan Khalid Javed to assist the court regarding the maintainability of the plea.

Read more: Former CJP Nisar rejects alleged leaked audio clip, terms it ‘fabricated’

Chief Justice Athar Minallah asked why the court should probe a case when the concerned parties did not present any audiotape before the bench. Attorney General for Pakistan Javed told the court that the petition is moved under article 199-C of the constitution.

He asked why some people were coming to courts to become a proxy for only a certain ex-prime minister.

“Sometimes people do not know that they are being used,” he added.

Javed further said that today everyone is claiming of having videos and this is the season of putting judges under pressure.

The AGP said that if the petitioners wanted inquiries of the past events then they should amend their petitions. He also recalled that the lawyers attacked a district judge in Mandi Bahauddin and at some other place, they raised slogans against the chief justice in the court premises.

Read more: IHC seeks reply from attorney general on Saqib Nisar’s alleged leaked audio

At this, Justice Minallah remarked that bars had a great struggle for the independence of the judiciary.

The SHCBA president said the AGP was holding bar associations responsible for every case.

He said that the judiciary was being made controversial through different tactics and the court could stop this practice by probing the allegations against judges.

To this, AGP argued that all matters of the past could be sent to Parliament. One appeal against conviction in the Avenfield reference is being heard in this court. That one appeal has perplexed the entire judiciary.

The IHC chief justice remarked that any audio or video could be made these days and anyone can make audio and ask for an investigation. The court asked if they declare the petition seeking an investigation into an audio maintainable, what will be the impact on the pending appeals.

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The AGP replied that a proxy war is being fought, pointing out that all the cases lead to one appeal. He argued that he wish to file an amended petition himself, seeking accountability of the past incidents.

The court adjourned the hearing till December 24.