In an interesting development, the Federal Investigation Agency has requested the special judge of a cybercrime court to initiate legal proceedings against its own team for committing negligence in Judge Arshad Malik’s video leak case. Judge’s leaked immoral video and the FIA’s negligence have created serious questions. The LHC is still looking into the case.
In the charge sheet submitted before the cybercrime court on Monday, the FIA blamed its four officers, including the prosecutor, for committing negligence in investigating the case pertaining to the alleged immoral video of former accountability judge Mohammad Arshad Malik and sought legal proceedings against them.
The Chief Justice of Pakistan (CJP), in the Supreme Court judgement, had heavily reprimanded judge Malik for his conduct.
Recently, three accused were released by a court when the FIA team concluded that no evidence was found against them. It created some serious questions with regard to the breach of privacy and laws to protect individuals’ personal life.
Dr. Moeed Pirzada, a prominent columnist, has been of the view that we need to look into the case from another perspective. “It’s a clear case of breach of privacy and blackmailing. The superior court must look into it,” he said.
The FIA in the charge sheet submitted on Monday accused its director Afzal Butt, assistant director Farooq Latif, Fazal Mehboob and prosecutor Kaleemullah Tarrar for showing negligence in the investigation that resulted in the release of the three suspects. The FIA sought legal proceedings against the officers.
It is important to note that the IHC suspended, and repatriated, district & sessions judge Arshad Malik to the LHC, his parent department, for disciplinary proceedings. “The disclosure and admission made by Mr Muhammad Arshad Malik, district & sessions judge/and former judge, accountability court-II Islamabad, in a press release dated July 7 and the affidavit dated July 11 prima facie constitute acts of misconduct and violation of the code of conduct, which warrant initiation of disciplinary proceedings against him,” said a notification issued by the IHC’s acting registrar.
The PML-N accused judge Malik of convicting former Prime Minister Nawaz Sharif in the Al Azizia reference under duress. However, the judge claims he was blackmailed by PML-N supporters.
Maryam Nawaz along with other senior leaders of the party held a press conference and shown a video of Judge Arshad Malik, Judge of accountability court who convicted Nawaz Sharif in Avenfiled reference. The leaked video, claimed Maryam, and confirmed that the judge was under pressure and compelled to convict Nawaz contrary to the facts. According to Maryam, the video was secretly made by a PML-N activist Nasir Butt who happens to be Judge Arshad Malik’s friend.
Later on, the judge not only termed the video fabricated and misleading but also submitted an affidavit before the IHC and clarified that he was not only offered bribe by the Sharif family but also threatened of dire consequences if he does not resign. Judge Arshad Malik explained his meetings with the Sharif family and their representatives and disclosed that he was under pressure to take the money and not convict the PML-N supremo.
Weeks after the release of three suspects by a local court on the FIA recommendation, the FIA has requested the special judge of a cybercrime court to initiate legal proceedings against its own team for committing negligence in the judge’s video leak case. https://t.co/6MNXDP56BG
— Asad Ali Toor (@AsadAToor) September 24, 2019
However, the judge’s general conduct has been considered inappropriate by many political commentators and legal experts. As the SC has announced that the video does not have any legal significance for anybody since it needs to be presented before the IHC by the PML-N as fresh evidence to ensure relief for Nawaz. But the judge’s conduct irreplaceable loss to the judiciary and its public image.
Judge’s Disgusting Conduct
The Supreme Court recently wrapped up a set of petitions on the video leak scandal. The Chief Justice of Pakistan (CJP), in the Supreme Court judgement, had heavily reprimanded judge Malik for his conduct. “His admitted conduct emerging from that press release and the affidavit stinks and the stench of such stinking conduct has the tendency to bring bad name to the entire judiciary as an institution,” the judgment read.
Chief Justice Asif Saeed Khan Khosa even went on saying “his [Arshad Malik] sordid and disgusting conduct has made the thousands of honest, upright, fair and proper judges in the country hang their heads in shame.”