Apex court suspends IHC’s orders in the audio leaks case related to Bushra Bibi & Mian Najamus Saqib
“Unfortunately in this country, no one wants to get to the truth,” Justice Naeem Akhtar Afghan lamented.
The SC issued notices to Bushra Bibi and Najamus Saqib and also sought records of the audio leaks case
ISLAMABAD ( WEB NEWS )
The Supreme Court of Pakistan on Monday suspended the Islamabad High Court’s (IHC) orders in the audio leaks case related to Bushra Bibi, wife of former premier Imran Khan, and Mian Najamus Saqib, the son of former chief justice of Pakistan Mian Saqib Nisar.
During a hearing on Monday, conducted by a two-member bench comprising Justice Aminuddin Khan and Justice Naeem Akhtar Afghan, the top court restrained the IHC from taking any further action in the audio leaks case and declared that the orders it issued on June 25, 2024 were beyond its ambit.
On May 29, IHC’s Justice Babar Sattar had barred telecom companies from recording phone calls and data for surveillance purposes. Justice Sattar had earlier dismissed multiple petitions from different authorities requesting that he recuse himself from the case.
Last month, the IHC allowed cellular companies to share with police data related to suspects for investigation in the post-crime scenario.
“The IHC’s orders of June 25, 2024 are beyond its authority,” the SC ruled on Monday, adding that the court was “not authorised to take suo moto notices”.
The SC issued notices to Bushra Bibi and Najamus Saqib and also sought records of the audio leaks case at the request of the federal government.
Justice Aminddun Khan asked Additional Attorney General (AAG) Chaudhry Amir Rehman whether the IHC had determined who was recording the audio, to which the latter affirmed in the negative and said the investigation was still ongoing.
“Unfortunately in this country, no one wants to get to the truth,” Justice Naeem Akhtar Afghan lamented. He noted that an inquiry commission was formed to investigate the veracity of audio leaks, but the SC, upon the orders of the previous chief justice, had to stay the decision. “Until today, a date has not been appointed again in the SC for the audio leaks case,” Justice Naeem Akhtar Afghan noted. “When Parliament tried to find out the truth, it was also blocked,” Justice Naeem Akhtar Afghan said. “If both Parliament and the court are not allowed to work, how will the truth come to light?”
Justice Aminuddin Khan wondered whether it had been considered that those who are being talked to are the ones leaking the audio tapes since every mobile phone has recording capabilities nowadays.
On June 25, the IHC in the audio leaks case ruled that any action of phone tapping without a legal mechanism was ‘illegal’. The court had also denied the additional attorney general’s request for an in-chamber hearing in the case involving audio leaks.
The SC, after accepting the federal government’s appeal for a hearing, issued notices to the respondents and suspended the IHC’s June 25 order.
The apex court on Monday further restrained the high court from proceeding with the case until further notice.
The SC noted that the AAG had argued that the IHC exceeded its jurisdiction under Article 199 of the Constitution, as established by two previous top court rulings.
It was also pointed out that the five questions decided during the May 31 high court hearing were not part of the petitioners’ case, and that the court does not have the authority to conduct investigations.
The apex court reviewed the May 29 order of the IHC and determined that it was not necessary to suspend the order in the next judicial proceedings