Islamabad, December 3, 2024-The Supreme Court of Pakistan’s Constitutional Bench on Monday granted additional time to the Additional Attorney General (AAG) to consult with the government regarding the audio leaks case.
A six-member bench, headed by Justice Amin-ud-Din Khan and comprising Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Hassan Azhar Rizvi, Musarrat Hilali, and Naeem Akhtar Afghan, heard multiple cases, including the audio leaks matter.
During the previous hearing on November 22, the bench sought clarity from the government on whether it intended to continue with the inquiry commission established by the Pakistan Democratic Movement (PDM) government in May 2023. The commission was tasked with investigating leaked audio recordings allegedly involving former Supreme Court Bar Association President Abid Zuberi and ex-Chief Minister of Punjab Pervaiz Elahi.
At the outset of Monday’s proceedings, AAG Aamer Rehman requested more time, citing delays due to the prevailing law and order situation in Islamabad following recent clashes between security forces and Pakistan Tehreek-e-Insaf (PTI) protesters. Rehman assured the court that the matter would be presented at the next cabinet meeting, after which the court would be informed of the government’s decision. Justice Amin remarked, “Let the Attorney General’s office take instructions from the government. The matter will be addressed once these instructions are received.”
The Islamabad High Court (IHC) had previously ruled against telecom companies recording phone calls and data for surveillance purposes. However, on August 19, 2024, a two-member bench of the Supreme Court, comprising Justices Amin-ud-Din Khan and Naeem Akhtar Afghan, suspended the IHC’s orders. This suspension pertained to recordings involving Bushra Bibi, wife of former Prime Minister Imran Khan, and Najam Saqib, son of ex-Chief Justice of Pakistan Saqib Nisar. The Supreme Court restrained the IHC from further action, declaring its orders of May 29 and June 25 beyond its jurisdiction.
Challenge to justice Alia Neelum’s appointment as CJ LHC
Separately, Justices Amin-ud-Din Khan and Jamal Khan Mandokhail recused themselves from a petition challenging the appointment of Justice Alia Neelum as Chief Justice of the Lahore High Court (LHC). Both judges, being members of the Judicial Commission of Pakistan (JCP) that approved her appointment, stated they could not impartially hear the case.
Justice Neelum assumed office as CJ LHC on July 11, 2024, following the JCP’s approval, chaired by Chief Justice of Pakistan Qazi Faez Isa. The petition, filed by Pakistan Bar Council member Shafqat Mahmood Chohan, argued that Justice Neelum’s appointment violated the principle of seniority as established in the Al-Jihad Trust case. He contended that appointing a junior judge to the esteemed position was unconstitutional and called for the decision to be nullified. The case has been transferred to another Constitutional Bench for further proceedings.
