The Supreme Court on Tuesday made it clear that they would not interfere in the Judge Arshad video case on the demand of people. "We are considering different options seeing to what extent we have to go or not to interfere? We will not jump into this case on demand of the people. We will not leap in the dark," said Chief Justice Asif Saeed Khan Khosa.
He was heading a three-judge bench, comprising Justice Sheikh Azmat Saeed and Justice Umar Ata Bandial. The bench heard the petitions of Advocate Ishtiaq Ahmed Mirza, Advocate Sohail Akhtar and Advocate Tariq Asad regarding allegations in a video against former Accountability Court Islamabad Judge Arshad Malik by PML-N leader. The Chief Justice noted that after Maryam Nawaz's press conference, the Prime Minister [Imran Khan] and Siraj ul Haq [Emir Jamaat-e-Islami] insisted that the judiciary should take notice of it.
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 and 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.
Justice Khosa noted that the matter is pending in Islamabad High Court (IHC), saying there are different options. However, he said: "We are not in a hurry as far as this matter is concerned." He added: "Whatever will be appropriate we shall do, so that it does not cause damage to any party." The court adjourned the case for three weeks, saying it wait for the Federal Investigation Agency (FIA) inquiry report before proceeding further.
The Chief Justice was surprised to note those who wanted to set aside Accountability Court judgement on Al-Azizia Mills still have not approached the court regarding the matter.
Attorney General for Pakistan Anwar Mansoor informed that FIA is conducting investigation on the complaint of Judge Arshad, which he had filed about a video, due to that he had been blackmailed. The AGP told that he would meet the DG FIA to know about investigations and submit its report in three weeks.
He proposed to let the high court, where appeal is pending, deal with the matter. Let the investigation by FIA and PEMRA go on. If someone is aggrieved then he could move to the high court, he said. He further suggested that the Supreme Court should not interfere into this case at this stage as it could prejudice the case of either party.
The Chief Justice noted that the high court has two constitutional powers. One as appellate forum and the second is supervision of the subordinate courts. No relief can come to the convict [Nawaz Sharif] unless it is provided by the high court. The documents and record, on the basis of that Accountability Court awarded sentence to Nawaz Sharif in Al-Azizia case, is available with the high court.
Justice Khosa remarked that either high court can record the additional evidence itself or can refer the matter to the trial court for retrial or fresh evidence and the determination. The PEMRA, Judicial Commission or FIA findings cannot set aside the Accountability Court's judgment and only the high court can set it aside. The reports of PEMRA, Judicial Commission or FIA will be some sort of material and not the evidence unless it is brought with admissible evidence, said the Chief Justice.
He further noted that it is not the evidence brought on the record but the charge that is to be proved. "If we interfere then what effect it will have except making headlines in the media." "Will this help or prejudice the case?" he added.
The Chief Justice said the Judge [Arshad Malik] conduct is a separate issue. It shall not go unattended as it is matter of court prestige and dignity. "We will deal with it." If a judicial officer acts unlawfully, it creates black hole in the justice system. The attorney general said some allegations have been accepted by the judge.
Justice Umar Ata Bandial remarked that the institution's reputation is at stake if its member whether from district courts or high judiciary is maligned. The investigation should continue without fail.
At the onset of the proceeding, AGP Anwar Mansoor said that on 16th July Judge Arshad Malik submitted an affidavit in the IHC and also filed a complaint with the FIA, which is investigating the matter.
Justice Bandial said: "We have to establish the truth about the allegations by the judge. There are allegations levelled by the other party. We have to keep in mind the remedies available to the other party. We are not looking for the allegations levelled by the judge [Arshad Malik] in his statement." The case was adjourned for three weeks.
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