The Constitutional Bench of the Supreme Court stated that the court can interfere in the case pertaining to the agreements with the independent power producers as public interest issue is involved in it.
A six-judge bench, headed by Justice Aminuddin, and comprising Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi and Justice Mussarat Hilali and Justice Naeem Akhtar Afghan, on Monday, heard multiple cases.
The bench removing objections raised by SC Registrar’s Office, issued notices to the Attorney General for Pakistan on the petition pertaining to the agreements with the electricity companies.
Advocate Faisal Naqvi contended that supply of electricity is the matter of fundamental rights. Justice Mussarat agreed with the statement of the petitioner’s counsel.
However, Justice Mandokhail questioned whether the apex court can rescind agreements or intervene in the matter? Justice Mussarat stated that the Court can interfere as this involved a public interest matter, and can give directions for the future.
Naqvi stated they have placed before the Court both the issues of corruption and bidding process. He said no bidding process initiated for the contracts with all the 100 power companies, while 94 contracts were being signed again.
Justice Amin said now the issues are being streamlined, and some progress had been made regarding the contracts with the power companies.
Justice Mazhar said that the federal government on August 5 had formed a taskforce. He questioned whether the petitioner is not satisfied with the taskforce. The case was adjourned for an indefinite period.
In audio leaks case, the bench allowed the Additional Attorney General of Pakistan (AAG) more time to seek instruction from the government regarding the matter.
The bench in the last hearing (November 22) of audio leaks case had asked the government whether it like to continue with the inquiry commission, constituted by the PDM government in May 2023 to probe the audio leaks of the then President of Supreme Court Bar Association Abid Zuberi with former chief minister Punjab Pervaiz Elahi.
At the outset, AAG Aamer Rehman requested the bench to grant some time in audio leaks case to get instruction from the government. He said that this matter should have been presented in the cabinet, but it could not happen due to law and order situation in Islamabad, referring to last week’s clashes between security forces and PTI protesters across the federal capital.
“Give us time, the audio leaks case will be presented at the next cabinet meeting,” Aamir said. “The court will be informed of the cabinet’s decision on the audio leaks.”
“Let the Attorney General’s office take instructions from the government,” Justice Amin said. The matter will be looked into after the government’s instructions, he added.
On May 29, IHC’s Justice Babar Sattar had barred telecom companies from recording phone calls and data for surveillance purposes.
However, a two-member bench comprising Justice Aminuddin Khan and Justice Naeem Akhtar Afghan on August 19, 24 suspended the Islamabad High Court (IHC)’s orders in the audio leaks case related to Bushra Bibi, wife of former premier Imran Khan, and Najam Saqib, the son of former chief justice of Pakistan Saqib Nisar. They restrained the IHC from taking any further action in the audio leaks case and declared that the orders it issued on May 29 and June 25 were beyond its ambit.