The upcoming chief justice of Pakistan is facing a crucial test. Justice Qazi Faez Isa, appointed by the PDM government, will lead a three-member judicial commission to investigate the authenticity of leaked audio recordings in recent months and determine if they have influenced the independence of the judiciary. While the 'audio leaks' controversy has targeted various influential individuals, including politicians and bureaucrats, the government has instructed the commission to focus solely on leaks involving judges and their families. This selective approach has been criticized as a deliberate exclusion by former Prime Minister Imran Khan, who insists that the commission should also uncover the identities of those who have been illegally spying on sitting prime ministers without their knowledge, as well as the reasons behind it. It is a valid concern, and an inquiry into the practice of unlawful surveillance, which seems to be widespread nowadays, should have been part of the commission's mandate. The government has the authority to broaden the inquiry's scope, and it should do so in the interest of transparency and to demonstrate its commitment to acting in good faith. If not, the judges conducting the audio leaks probe may find a way to include this matter within their purview through the existing terms of reference. It would be unfair to deliberate on these recordings without first determining who authorized them, for what purpose, and under what legal authority. The country has witnessed how Justice Isa and his family previously endured the consequences of a baseless investigation into their personal finances, which was ultimately deemed illegal. This inquiry, too, was sanctioned by elements within the state who believed they were immune to consequences, even when violating the constitutional rights of a sitting Supreme Court judge. The commission should make an effort to expose such elements in the public interest. Lastly, it is promising that the commission has decided to make its proceedings public. However, caution must be exercised. Given the tense political atmosphere and the increasing influence of unelected actors in matters of law and governance, it will be a challenge to ensure that the judiciary remains impartial amidst the chaos engulfing the other branches of government. With the public observing the commission's activities and conduct, it has a unique opportunity to set an example for others to follow. Many people have high expectations for the senior puisne judge, and it will be interesting to catch a glimpse of the direction the judiciary may soon take under his leadership of the institution.
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