The government argues that the IHC’s decision is factually incorrect and that the court granted relief not requested.
ISLAMABAD: On Monday, the Supreme Court suspended Islamabad High Court (IHC) orders from May 29 and June 25 in the audio leaks case and issued notices to Bushra Bibi, wife of former PM Imran Khan, and Najam Saqib, son of ex-CJP Saqib Nisar.
A two-member bench, led by Justice Aminuddin Khan and including Justice Naeem Akhtar Afghan, also approved the federal government’s challenges to the IHC’s verdict.
The Supreme Court questioned whether the IHC had verified the authenticity of the audio recordings and who recorded them. The Additional Attorney General noted that the investigation is ongoing and argued that the IHC had overstepped its jurisdiction under Article 199.
Earlier, the federal government appealed to the Supreme Court (SC) against Islamabad High Court verdict in the audio leak case involving Bushra Bibi and Najam-ul-Haq, son of former Chief Justice Saqib Nisar. The appeal includes the former Chief Justice’s son, the PTA, the Ministry of Defense, and other parties.
The government argues that the IHC’s decision is factually incorrect and that the court granted relief not requested. It also contends that the IHC lacked the authority to take suo motu notice under Article 199, rendering its decision null and void.
The government noted that following an alleged audio leak related to ticket distribution, the National Assembly Speaker formed a committee, which was later challenged by the former Chief Justice’s son in the IHC.
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Moreover, it argues that the IHC’s demands for institutional reports exceeded its authority and that the court cannot conduct fact-finding.
The IHC had declared all forms of citizen surveillance illegal and unconstitutional, demanding that Prime Minister Shehbaz Sharif explain the surveillance system’s legal framework and accountability.
It also ordered a report on the system’s compliance with the law and issued a contempt notice to the PTA Chairman for allegedly misinterpreting the surveillance system in its report.
