The Supreme Court has dismissed a petition seeking the recusal of three judges of the apex court from a bench hearing petition about audio leaks, saying the PDM government, which completed its term on August 9, tried to harass a judge and was involved in vilification of judiciary.

The issue pertains to an audio leaks inquiry commission formed under Justice Faez Isa by the then PDM-led government to probe leaked audio clips allegedly involving relatives of Supreme Court judges and others.

The Supreme Court Bar Association (SCBA) had challenged the constitution of the commission in a petition which was being heard by a five-member bench comprising Chief Justice Umar Ata Bandial, Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Syed Hasan Azhar Rizvi and Justice Shahid Waheed.

The then PDM government filed a plea against the bench, raising objections on the inclusion of CJP Bandial, Justice Ijazul Ahsan, and Justice Munib Akhtar. It wanted the three judges to recuse themselves, citing a conflict of interest.

The same five-member bench heard the government’s plea and on June 6 it reserved its judgement, which was delivered on Friday, September 8 (today).

Not only did the Supreme Court reject the petition but also made observations against the conduct of the PDM government, which included PMLN-N, PPP, JUIF and other parties.

The court ruled that the government petition lacked good faith “for aiming to harass a mamber of the bench without cause in order to avoid adjudications…”

The judgment said that the government plea “suffers from the common defect of being motivated and hence consituted an attack on the independence of judiciary.”

The 32-page judgement also said when the audio recording of ‘alleged telephonice conversation concering known personalities and their families were released’ the then federal government “without verifying either their authencity or the identity and credbity of their leaker” immediately endorsed the audio recordings to denounce the judges.

The judgement said that elected government functionaries engaged in “vilification of Superior Court judges”.

Background

The commission was set up after multiple audios including those of former Punjab Chief Minister Pervaiz Elahi and the CJ’s mother-in-law were leaked to the media. Many leaked audios seemingly cast doubts over the judiciary at a time when cases involving Imran Khan and election delay were being held.

The ruling alliance, particularly the Pakistan Muslim League Nawaz, had raised questions over the impartiality of Justice Bandial and Justice Ahsan.

The matter also intensified debate over divisions inside the country’s top court, since the judge heading the commission was next in line to become chief justice.