Renowned legal analyst Justice (retired) Shaiq Usmani said that the only problem with the Audio Leaks Commission was that it was headed by Justice Faez Isa.
Speaking in Rubaroo with Shaukat Piracha on Friday, Usmani said that the order issued by the court regarding the commission was not final and stopping a body from working until the next hearing is a routine matter.
However, he added that Justice Isa is a controversial judge and if the commission had not been formed under his leadership no one would have had any problem.
He said that the federal government was well withing its rights to form a commission on the much-debated audio leaks that had emerged in the past few months. He said that even the Pakistan Tehreek-e-Insaf wanted to inquire into the audio and video leaks but they had a problem with Justice Isa.
However, Shoaib Shaheen said that the Audio Leaks Commission was the first in the country’s history which had been formed by the government by picking judges of its own choice. He added that the executive should not interfere in the judiciary’s affairs.
Shaheen added that if the government wanted a commission they could simply have written a letter to Chief Justice Umar Ata Bandial who would have then formed the commission.
He added that the creation of a judicial commission in the manner in which it was done was unconstitutional. He added that the conduct of judges cannot be questioned by an inquiry commission because the provision for a judicial council exists in Article 209.
He added that under Article 211 that even a court cannot interfere in the functioning of a judicial commission. If the government has a problem with the conduct of a judge, a presidential reference can be sent.
Should Qadir Patel have discussed Imran Khan’s medical report?
Shaiq Usmani said that Health Minister Qadir Patel had ‘morally’ done the wrong thing by disclosing a confidential medical report on TV without the permission of the person concerned. He also added that it could lead to action against the doctors as well.
He also said that the remarks made by Qadir Patel in light of the report might have been acceptable if they came from someone else, but they should not have come from a responsible minister.
PMLN’s Dr Afnanullah said that if the PTI had such an issue with medicual reports becoming public they should not have waved Nawaz Sharif’s medical reports in the past. He said that if Imran was upto something wrong, someone had to tell the public.
Shoaib Shaheen added that not only was the matter of the report being public immoral in general, the possibility of tampering could not be ruled out.
“The country is facing default and you are sitting around with someone’s urine sample,” he said.