Khudayar Mohla-
A plea seeking directives to ascertain truth behind recently leaked video by PML-N leadership claiming that Accountability Court Islamabad II Judge Arshad Malik has convicted former prime minister Sharif in Al-Aziza reference under coercion, the top court on Friday fixed the matter for hearing on July 16.
During last week, Maraym Safdar, daughter of former prime minister Nawaz Sharif who is also vice-president of the Pakistan Muslim League-Nawaz (PML-N) had unveiled a video in news conference showing Islamabad Accountability Court-II Judge Arshad Malik confessing before a PML-N worker Nasir Butt that he was pressured into convicting Sharif in Al-Azizia case.
Invoking the Supreme Court jurisdiction on Thursday on behalf of Ishtiaq Ahmed Mirza, advocate Chaudhry Munir Sadiq urged the court to take notice of the controversial video “targeting the judiciary” released by Maryam Safdar.
In his prayer to the court the petitioner said, “In these circumstances and surrounding realities, it is most respectfully prayed that an inquiry may be ordered to be conducted so as to determine the truth”.
Ishtiaq Mirza, a lawyer by profession and a social worker, requested the apex court to issue necessary directives for ensuring the independence of judiciary including proceedings for the contempt of court against those found guilty.A three-member bench led by Chief Justice Sardar Asif Saeed Khan Khosa will hear the plea on July 16on July 16.
Meanwhile, addressing a press conference following Arshad Malik’s removal by the Islamabad High Court on Friday, Federal Law Minister Dr Farogh Nasim told the ministry has barred Arshad Malik from working [as a judge] for now saying Arshad Malik has been asked to report to parent department at Lahore High Court.
It is pertinent to mention that Judge Arshad Malik said in an affidavit he awarded sentence to Sharif on December 4, 2018 in Al-Aziza reference without any pressure or intimidation. Such affidavit was cited during the press conference which Dr. Nasim said that Arshad Malik submitted the document to acting Chief Justice of the Islamabad High Court Justice Aamer Farooq. Dr. Nasim expressed during the press conference in context of the affidavit that according to the affidavit it is clear that the Judge Arshad Malik has awarded verdict to Sharif without any pressure.
Arshad Malik has alleged through his affidavit that Nawaz Sharif’s son Hussain Nawaz had offered a substantial amount of Rs500 million cash bribe if the judge furnished his resign on the grounds that he could no longer deal with the guilt of having convicted Nawaz under duress in the Al-Azizia reference.
Referring to those allegations, Dr. Nasim said, “According to National Accountability Ordinance Section 31 [prohibition to hamper investigation] and this country’s law, if anyone tries to manipulate or bribe a judge, there is a separate punishment for that […] 10 year-sentence for intimidating judiciary.”
“The National Accountability Bureau cannot do anything regarding the sentence [in Al Azizia]; the IHC has to decide,” clarified Dr. Nasim. “The sentence cannot immediately be suspended, cannot be extended or changed in any way until IHC takes a decision regarding whether the judgement was issued under pressure.”
He further said that the verdict of the case in which Nawaz was convicted was not dependent on the judge Malik’s statement or video, adding that the judge’s revelations do not eliminate the London flats, neither do they provide a money trail.
The Law Minister was of the view, “entire case is [based on] documentary evidence. What are the justification and reconciliation of the assets [in question]? It’s a simple thing: if you provide a money trail today, you will be released immediately.”
“The law ministry and government stand by the judiciary; we will not victimize anyone or take sides but will not tolerate manipulation of judiciary,” Dr. Farogh Nasim said, recalling that the Al Azizia case was not opened under the incumbent government of the PTI. On the occasion, Special Assistant to the Prime Minister on Accountability Shahzad Akbar said that it will now have to be investigated how the appointment of judge Malik took place during PML regime.
