The reserved verdict was issued by a five-judge bench comprising Chief Justice Umar Ata Bandial, and Justices Ijaz-ul-Ahsan, Munib Akhtar, Syed Hasan Azhar Rizvi, and Shahid Waheed.
"In the circumstances, till the next date of hearing, the operation of the impugned notification No.SRO.596(I)/2023 dated 19.05.2023 issued by the Federal Government is suspended as is the order dated 22.05.2023 made by the Commission and in consequence thereof proceedings of the Commission are stayed," the top court stated in its order.
The verdict was issued on a number of pleas by the Supreme Court Bar Association (SCBA), PTI chairman Imran Khan, and others, seeking to declare the commission illegal.
During the hearing, CJ Bandial observed that the commission "interfered in judiciary's internal matters" and noted 'errors' in the notification issued.
"The Constitution gives complete freedom to the judiciary," the top judge noted. "The investigation that was supposed to be conducted by the institutions was entrusted to judges."
He added, "We have no other structure but the power of morality and justice."
Last week, the government formed a judicial commission to probe the audio leaks. Senior-most judge of the Supreme Court, Justice Qazi Faez Isa, was appointed the head of the three-member authority.
The notification issued in this regard had stated, "Commission will be entitled to establish a secretariat and appoint a secretary for the inquiry at the cost of the Federal Government. The Attorney General for Pakistan shall assist the Commission and provide the Commission with all documents and material that it requires."
It had also said, "Commission shall initiate an inquiry immediately after the notification of its constitution and shall conclude the inquiry and submit its report to the federal government in thirty days. However, if the Commission requires further time, the Federal Government shall grant it."
SC verdict