SC seeks AGP?s assistance in judge?s video case

[ahlam1399]

By News DeskISLAMABAD: The Supreme Court on Tuesday sought legal assistance and recommendations from the Attorney General for Pakistan (AGP) as it heard petitions asking for a probe into the video controversy involving Accountability Court Judge Arshad Malik.A three-member SC bench headed by Chief Justice of Pakistan (CJP) Asif Saeed Khosa and comprising Justice Sheikh Azmat Saaed and Justice Umar Ata Bandial took up three pleas for a thorough probe into the video leak scandal.During the course of proceedings, the chief justice asked the deputy attorney general about the AGP. The deputy attorney general said the AGP was in The Hague. The chief justice remarked it meant the AGP was there (The Hague) to hear the verdict about Indian spy Kalbushan Jadhav.He observed the court had already heard the petitioners and it would decide the matter after receiving recommendations from the AGP. The chief justice remarked objections were raised when the Supreme Court took action on any matter, and if otherwise, it was asked to take notice.The court would decide whether to step in. “We need to look into the judge’s conduct. We also need to see whether we can interfere.” The court would soon decide a few things, he added.Advocate Munir Sadiq, counsel for the petitioner Ishtiaq Ahmed Mirza, said the video scandal had raised questions about the judiciary. Maryam Nawaz, in her press conference on July 6, had alleged the accountability court judge was working under pressure.The lawyer requested the court to form a commission. The chief justice asked the counsel as to who should head the commission. The lawyer replied, “A judge.”The chief justice remarked such a culture had developed that if someone did a bad thing then all were thought to be bad, such as judges and politicians.Mohammad Ikram Chaudhry, counsel for the second petitioner Advocate Sohail Akhtar, also argued a commission should be formed to look for the truth and if the contempt of court had taken place, action should be taken against those found responsible.Justice Khosa said the search for truth had been going on since the beginning of the human race. “Any order by the apex court could restrict the high court. How the high court would take any action in that case,” he asked. The chief justice observed there was no doubt the judge’s statements were extraordinary. Justice Umar Ata Bandial remarked the first thing was that the matter pertained to the institution of judiciary, which would look into the judge’s conduct. New information regarding the matter was surfacing daily and the dust should now settle down.The third petitioner Advocate Tariq Asad, who personally pleaded his case, said a forensic audit of the video should be conducted. Justice Khosa remarked the counsel on one hand was speaking about interference in the affairs of judiciary and on the other demanding that the institutions should interfere.The chief justice remarked Judge Arshad Malik was a subordinate judge of the Lahore High Court and he was appointed as the accountability court judge by the government on deputation. He observed the judiciary was concerned about the video’s authenticity, while the rest were public matters.The chief justice remarked they should also look at how a private video of an individual was recorded and how it was made public. He observed it was an issue of the judiciary’s integrity as the meetings held by the judge were unusual and extraordinary. He also wondered as to why the judge had met those people, who were connected to individuals he had convicted.Justice Bandial observed three issues needed to be taken into consideration: the sanctity of the institution, the correctness of the judgment, and any misconduct by the judge under scrutiny.He observed there was a competent court to decide on the correctness of his judgment while there were laws for initiating proceedings against the judge for any misconduct if needed.The chief justice observed the issue of judge Arshad Malik would be heard by the court, however, the dust must now settle down. “Whatever the court has to do, it will do by itself and not on anyone’s demands. The judicial system does not run on anyone’s behest. The search for truth has been a universal motive even before the arrival of man on earth,” he added. The case was adjourned till July 23.http://feeds.feedburner.com/~r/com/cwEr/~4/MH5MT9ckv1U

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