Ex-judge's review petition: SC to begin hearing from December 10

The Supreme Court will hear the review petition of ex-judge Accountability Court, Islamabad, Arshad Malik from December 10.

The apex court in its judgment dated August 23 held that only Islamabad High Court can take video of ex-judge Accountability Court, Islamabad, Arshad Malik as evidence because the appeal of former prime minister Nawaz Sharif in the Al-Azizia case is pending before it.

Advocates Ishtiaq Ahmed Mirza, Sohail Akhtar and Tariq Asad had filed petitions regarding allegations in a video against Arshad Malik by PML-N leader.

"We find that it may not be an appropriate stage for this court to interfere in the matter of the relevant video and its effects, particularly when the said video may have relevance to a criminal appeal presently sub judice before the Islamabad High Court," said 25-page judgment authored by Chief Justice Asif Saeed Khan Khosa.

The judgment stated if the IHC either on its own motion or on an application submitted by the appellant namely Mian Muhammad Nawaz Sharif, or the State or the complainant, feels the necessity of taking additional evidence in the form of the relevant video then it may record its reasons for feeling such necessity and may then follow the steps mentioned in section 428, CrPC, and complying with the requirements stated in the apex court judgement in this case.

"The necessity of taking additional evidence at the appellate stage must be felt by the appellate court itself and the same is not to depend upon what a party to the appeal thinks of such necessity."

The relevant video is taken as additional evidence by the Islamabad High Court, Islamabad under section 428, CrPC, and it will decide as to whether the conduct of Arshad Malik depicted through the said video, if found to be objectionable, had caused any prejudice or not.

If the Islamabad High Court comes to the conclusion that the process of trial and the evidence recorded during the trial were not affected by the conduct of the judge of the trial court (Arshad Malik) then it (IHC) shall have the option either to reappraise the evidence itself and decide the appeal on its merits after reaching its own conclusions on the basis of the evidence available on the record or to remand the case to the trial court for re-deciding the case after hearing of arguments of the parties on the basis of the evidence already recorded.

The judgment said that the press release issued by Arshad Malik on 07.07.2019 and the affidavit sworn by him on 11.07.2019 are themselves damning indictments against him. "His admitted conduct stinks and the stench of such stinking conduct has the tendency to bring bad name to the entire judiciary as an institution."

"Such admission was shocking, to say the least, besides being abhorrent and offensive to the image of a Judge in the society. His sordid and disgusting conduct has made the thousands of honest, upright, fair and proper Judges in the country hang their heads in shame."

PML-N Vice-President Maryam Safdar on July 6, along with the senior leaders of PML-N, held a press conference wherein she displayed a video recording allegedly a conversation between judge of Accountability Court Arshad Malik with respondent No. 6 (Nasir Butt), which has created an impression that the judiciary is not working independently; rather, it is blackmailed and forced to act on the instructions of blackmailing persons.