Islamabad High Court (IHC) Chief Justice Athar Minallah said that the courts cannot risk “opening up of the floodgates” by ordering inquiries into “anything that goes viral on social media”, remarking that vigorous judicial activism had caused a lot of damage to the judiciary, reports Dawn.
“Anything goes viral on social media. How many can the court order inquiries into?” the high court chief justice questioned during a hearing on Monday.
Justice Minallah’s remarks come during a hearing of a petition asking for a Commission of Inquiry to investigate an alleged audio clip of former Chief Justice of Pakistan (CJP) Saqib Nisar.
The judge wondered who was behind the audio leak. “Who has the capability to record the chief justice of Pakistan? Did that person release it or someone sitting in America?”
Questioning the petitioner, Sindh High Court Bar Association (SHCBA) President Salahuddin Ahmed, Justice Minallah asked, “Tell [the court] how this petition is maintainable. What writ should we issue?”
To the question asked on the writ of the state, Ahmed responded that the court’s power regarding the enforcement of fundamental rights was very extensive and it could exercise this right under Article 199-C of the Constitution.
“The court cannot play into the hands of political entities trying to build narratives rather than approach the court themselves,” responded Justice Minallah.
“When they do not approach the court, the court also has to see what their intentions are,” he added. “Who released the audiotape and to whom?”
Questioning the authenticity of the audio clip, Justice Minallah remarked: “Suppose this audio is legitimate, where is the real clip? Tomorrow, anybody will bring a clip and ask for an inquiry.”
The court subsequently issued a notice to Attorney General Khalid Jawed Khan to argue on the maintainability of the petition and adjourned the hearing till December 8.
