Pak SC seeks attorney general to recommend on video leak controversy

New Delhi, July.16 (HS): Pak-Supreme Court, today, picked up three petitions seeking a thorough probe into the video leak controversy involving accountability court judge Mohammad Arshad Malik.

A three-member bench-headed by Chief Justice of Pakistan Asif Saeed Khosa and consisting of Justice Sheikh Azmat Saeed and Justice Umar Ata Bandial heard the hearing arguments from the lawyers on all three petitions, asked the attorney general to submit recommendations.

“When the Supreme Court does everything, there are objections. When we take a step back, we are asked to take notice,” CJP Khosa remarked while hearing one of the petitions. “We have to decide whether to step in or not,” the top judge said, adding: “We also need to look into the judge’s Arshad Malik misconduct. We need to see where we need to interfere” “We will soon decide a few things,” concluded the CJP, while adjourning the hearing until July 23.

It is worthwhile to mention, here, that Judge Malik, who convicted ousted premier Nawaz Sharif in the Al Azizia case last year, has been accused by PML-N’s Maryam Nawaz and other party leaders of delivering the verdict “under pressure”.

Recently, Nawaz Sharif’s daughter, Maryam has released videos purportedly proving her claims. The judge, however, has denied being under any pressure, making counter allegations against Nawaz Sharif and the PML-N for “bribing and ”threatening” him.

Amidst deepening political and judicial crises, the Islamabad High Court (IHC) after consultation with the apex court removed the accountability court judge last week. The bench first heard the petition of a lawyer, Ishtiaq Ahmed Mirza, filed through his counsel Chaudhry Munir Sadiq. As the hearing started, the petitioner’s lawyer told the bench that the video leaks scandal has raised questions about the judiciary. He said that in her press conference on July 6, Maryam had alleged that the court was working under pressure.

“This is a sensitive matter regarding the independence and prestige of the judiciary,” said Sadiq, adding: “The court should investigate the matter and determine who is responsible.” He said that all political parties, including PPP and JI, and lawyers in Pakistan have demanded an investigation into the video leaks scandal, adding that Prime Minister Imran Khan had also said that the judiciary should take notice of the matter.

Noting that there had been calls for the top judge to take suo motu notice of the controversy, CJP Khosa asked: “If we do something on the demands of people, then are we independent?” The lawyer asked the court to form a commission to look into the matter, “even if it was just a one-person commission”. When the CJP inquired who should head the commission, the lawyer replied “a judge”.

“Such a culture has been created in which if one does bad, everyone is thought to be the same,” remarked the top judge. “It is said ‘all judges are like this, all politicians are like this’.” He then asked what the commission should look into. “The commission should look at the truth; if the allegations are proven, then contempt of court proceedings should be initiated,” the lawyer responded.

Video leak controversy was started by PML-N vice president, Maryam Nawaz who opened a Pandora’s box with a startling claim that the judge “confessed” he had been “pressurised and blackmailed” to convict her father in the Al-Azizia reference. A video containing the judge’s alleged confession during his conversation with a ‘sympathiser’ of the PML-N, Nasir Butt, was screened during a hurriedly called presser at the party’s provincial headquarters in Model Town. The next day, the judge had denied being under any pressure, but admitted that Nasir Butt was an acquaintance.