ISLAMABAD: After the removal of former judge of accountability court, the Islamabad High Court (IHC) has two options: to send back Al-Azizia and Flagship references against ex-PM Nawaz Sharif to trial court for decision afresh or to set aside both the judgments.
Former prime minister Nawaz Sharif was sentenced to seven-year rigorous imprisonment in Al-Azizia reference, but was acquitted in Flagship reference.
Muhammad Ikram Chaudhry, a senior lawyer, one of the petitioners before the Supreme Court in alleged video scandal, told Business Recorder that in view of the principles of law and criminal justice system there are two options with the appellate court (IHC): either to set aside Arshad Malik judgments in Al-Azizia and Flagship references against Nawaz Sharif or to remand it to the trial court for decision de novo.
He said that the conduct and status of former accountability court judge Arshad Malik had become controversial after the damning video released by the PML-N leaders.
Maryam Nawaz Sharif, during a press conference on July 6, 2019 showed video clips of Arshad Malik "wherein he admitted that he was being blackmailed for convicting ex-PM Nawaz in the Al-Azizia reference".
Islamabad High Court taking notice of the admission directed the former accountability court judge to explain his position. Malik, in his affidavit, claimed that he had been blackmailed by the PML-N supporters because of an "immoral video" and admitted that he had met Sharif at his Jati Umra residence and Hussain Nawaz in Saudi Arabia.
The IHC on Aug 22, 2019, suspended Arshad Malik and repatriated him to his parent department (LHC) for further proceedings. The LHC then made him OSD and the administration committee approved an inquiry against him on charges of misconduct and violation of the code of conduct.
A seven-judge committee, headed by Chief Justice Mohammad Qasim Khan of the LHC, in the light of inquiry report of Justice Sardar Ahmad Naeem, recommended maximum punishment of removal from service for judge Malik after finding him guilty of misconduct.
Aftab Ahmed Bajwa, former General Secretary Supreme Court Bar Association, said if PML-N's demand of scrapping all court verdicts of Judge Malik is accepted then the decision on Flagship reference in which Nawaz Sharif was acquitted may also be reserved.
He said that the Islamabad High Court should decide the appeals after hearing the view of both the parties i.e. NAB and Nawaz Sharif's counsels.
He stated that sacking of the accountability judge may have far-reaching consequences vitiating the entire justice system.
A counsel on condition of not disclosing his name said in the past judges passed verdicts under pressure and the judiciary was influenced. He referred to the recent interview of former judge of Supreme Court, Justice Ejaz Choudhary when he admitted that the judiciary is pressurized by intelligence agencies. "This is a matter of grave concern and the judiciary should probe into his revelations on being pressured by intelligence agencies," he added.
Copyright Business Recorder, 2020