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The Supreme Court on Tuesday asked the federal government to repatriate Judge Arshad Malik to Lahore High Court immediately so that inquiry against him could be initiated. Chief Justice Asif Saeed Khan Khosa, heading a three-judge bench, said that because of Judge Arshad, heads of hardworking and honest judges all over Pakistan have 'hung in shame', but the government is taking this issue lightly.
"There are many question marks about his [Judge Arshad] character as he has admitted many things shown in the subjective video in his press release and the affidavit." "With such past [scandals] anyone can blackmail him." He met with the person whom he has convicted [Nawaz Sharif] and even went to Dubai to meet his son, he remarked.
The CJP inquired from Attorney General for Pakistan why Arshad Malik has not been sent back to its parent department (LHC). By not sending him the federal government is protecting him, he remarked. The bench, which heard the petitions of Advocate Ishtiaq Ahmed Mirza, Advocate Sohail Akhtar and Advocate Tariq Asad regarding allegations against Judge Arshad Malik by a PML-N leader, directed that the video be sent for forensic audit to seek experts' opinion. If the experts say that forensic audit of duplicate copy could not be done then those observations be recorded.
AGP Anwar Mansoor submitting the FIA report said that the original copy of objectionable video of Judge Arshad, through that he was blackmailed, has been obtained while efforts are being made to procure the master copy of video shown in the press conference. He apprised to court that forensic audit of duplicate copy of the video could not be done, adding under the law it is secondary evidence. The subjective video is amalgamation of audio, video and the sub-title inserted in it, the AGP further told.
PML-N Vice-President Maryam Nawaz on July 6, 2019 along with the PML-N senior leaders held a press conference in Lahore 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.
The attorney general said that PML-N President Shehbaz Sharif and even Maryam Nawaz have informed the FIA team that they don't have original video of Judge Arshad's conversation with Nasir Butt. Maryam Nawaz told the FIA that the video was given to her in a mobile phone and she does not know who made it and where and when it was made.
The Chief Justice again expressed astonishment as to why no one, even those who wanted some benefit from the video, approached the Islamabad High Court where appeal against Accountability Court judgement in the Al-Azizia Mills is pending. "Still the authenticity of the video is not ascertained, as no one is owning it," said the AGP.
The court remained dissatisfied with the report and said that conventional investigation was conducted in this case. Justice Azmat said all the TV channels have video of the press conference except the FIA. At the conclusion of the hearing, the Chief Justice inquired from the AGP; "Should we dispose of this case or continue monitoring the investigations." The FIA has to conduct the investigation, while the federal government has to repatriate Judge Arshad to Punjab, Justice Khosa added. He asked the attorney general to respond to the queries in three days and adjourned the hearing.

Copyright Business Recorder, 2019

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