The Islamabad High Court (IHC) on Wednesday stopped the Parliament’s special committee to take legal action against former chief justice of Pakistan Saqib Nisar’s son Najam Saqib.
IHC’s Justice Babar Sattar, who heard the petition of Najam Saqib against the formation of special parliamentary committee to probe his audio leak, also suspended the summon notice issued by the committee to the petitioner. During the course of proceedings, Justice Babar Sattar asked who was recording telephonic conversations.
The petitioner’s lawyer Sardar Latif Khosa argued that the Parliament had no authority to view a matter between two private persons. An audiotape could only be used in trial or produced before the court when it was clear that who had recorded the audio and for what purpose, he added.
The court issued stay order against the formation of the special committee and adjourned the case till June 19.
National Assembly Speaker Raja Pervaiz Ashraf had constituted a special committee to probe the audiotape of the telephonic conversation between Najam Saqib and PTI ticket holder Abuzar Chadhar. The former chief justice had verified the voice of his son in the audiotape. In his petition, Najam had requested the court to stop the proceedings of the parliamentary panel headed by Aslam Bhootani as the body was formed in violation of the National Assembly rules. He also claimed that the committee did not summon him but the secretary of the committee still asked him to appear before the panel.
At the outset of the hearing, Justice Sattar inquired about the powers under which the committee had issued a notice. “Is this a special committee?” he asked. Najam’s lawyer, Sardar Latif Khosa, said that the special committee would follow the same rules as those for regular committees.
“You will have to make the relevant ministry a part of the case,” Justice Sattar said. Khosa, however, responded by saying that there was no relevant ministry in this case but that they would do so. The lawyer argued that their petition had stated that the NA speaker and the assembly did not have the jurisdiction to probe “private matters”.
“We have not challenged the matter that is currently being heard by the Supreme Court,” he said, referring to the pleas against the formation of a judicial commission formed to probe recent audio leaks.
He underlined that the audio in question was a private phone call between two private individuals and should not be subject to scrutiny by parliament. The court then suspended the summons issued to Najam by the committee and asked the government to submit a reply in the case by June 19.
Najam had also challenged the “legality and validity” of the National Assembly speaker’s decision to form the special committee to “audit, inquire and investigate” his alleged audio clip.
“Under the garb of these audio leaks, a campaign has been launched against the petitioner and his father that some kind of gratification has been obtained by Abuzar Chaddhar for the said ticket,” he said.
While he conceded that his father played a role in the award of a PTI ticket to Chaddhar, the petition, however, stated that Chaddhar explored other avenues as well to secure the party ticket.
Najam said, “the petitioner is very clear in his mind that Abuzar Chaddhar was given the ticker on the basis of positive decision taken in the appeal on merit”.
According to the petition, “The audio leak is a result of illegal surveillance of the petitioner’s privacy which can neither be disseminated nor be used for incriminating the petitioner”. Citing its evidential value, the petition said “any document or audio leak cannot be used in any trial or inquiry” unless it is clear that who recorded it or for what purpose.
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