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The systematic removal of Judge Malik to overturn NS's sentence

Malik Asad July 12, 2019

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A screengrab from a video shown by PML-N leader Maryam Nawaz at a press conference shows judge Arshad Malik (R) in conversation with PML-N supporter Nasir Butt (L). — DawnNewsTV

The Islamabad High Court (IHC) on Friday decided to remove accountability judge Arshad Malik from his post, officials said, following a controversy revolving around the 'leaked' video tapeof the judicial officer.

Judge Malik, on Dec 4, 2018, had handed ousted prime minister Nawaz Sharif seven years in jail in the Al-Azizia Steel Mills corruption reference. He, however, had acquitted him in a second reference related to Flagship Investments.

On July 6, PML-N vice president Maryam Nawaz 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.

The controversy continued to make news as Maryam released two more video clips "in support" of the first one.

On Friday morning, judge Malik gave in a letter to IHC acting Chief Justice Aamer Farooq in which he said that the videos shared by Maryam were fake. He also filed an affidavit before the IHC chief justice along with his letter.

Justice Farooq perused the letter but decided to relieve judge Malik without conducting an inquiry since he is an official of the subordinate judiciary of the Lahore High Court (LHC).

The IHC judge directed the registrar office to write a letter to the law ministry regarding relieving judge Malik of his post and repatriating him to the parent department, the LHC.

Shortly after the announcement, Maryam called for the verdict in the Al Azizia reference against her father to be declared void.

The possibility of a retrial in the Al-Azizia reference cannot be ruled out now, legal experts speaking to DawnNewsTV said.

IHC's powers
Sources told Dawn that the IHC chief justice passed this direction after detailed deliberations. Initially, the IHC administration was indecisive about whether or not it could take action against Malik as his appointment was made by the law ministry under NAO, 1999.

As per section 5A of the National Accountability Ordinance, the law ministry with the consent of the chief justice of a high court appoints judges for special courts including accountability courts. The decision to remove judge Malik has also been made in light of the said section, an IHC official told Dawn.

A day earlier, Minister for Law Dr Farogh Nasim had told reporters that his ministry would not initiate any proceedings against the accountability judge in connection with the leaked videos.

“Under Article 203 of the Constitution, it is the high court which superintends the subordinate courts,” the minister explained, adding that special courts, including the accountability court, fell within the territorial jurisdiction of the IHC and, therefore, it was IHC chief justice who could any take action in this regard.

The removal of judge Malik comes a day after he called on the IHC acting chief justice for the second time in a week; they had first met on Monday.

Legal observers believe that during his second meeting with Justice Farooq, judge Malik stood by the contents of his press release he issued on Sunday in response to Maryam's press conference.

On July 9, Justice Farooq had also called on Chief Justice of Pakistan Asif Saeed Khosa and reportedly apprised the latter of the situation and response of the accountability judge to the controversy
 
Logical consequence would be to declare the decision of NAB Court, in Al-azizia and Flagship cases, to be null and void, which would lead to the release of NS from jail. A retrial of the cases would follow.
 
Raiwand Mafia lagta hai ke khud phas gae
I am not sure how...if the judge is questionable, his rulings would be too...this is the only ticket needed by PMLN to re question the sentence of NS and break him free - within the consent of the law!

Lahore court is full of such judges and Sindh court too.
ALL courts are! None are free so how can any give a verdict against the other when all are soiled?

Question should be ....WHO recorded the video and who sold it to Maryam?
 
Logical consequence would be to declare the decision of NAB Court, in Al-azizia and Flagship cases, to be null and void, which would lead to the release of NS from jail. A retrial of the cases would follow.
After this nawaz should be inside jail for ten years and case should be heard by military court...maryam bail should be cancelled
 
Is there anyone to take legal action against scisillion mafia?? I think judge is also not doodh ka dhula.... but what abt video tapping/ blackmailing by PMl N ? Will anyone from higher judiciary take notice?
They transfered him from Pindi to nab and got their case transfered from bashir to malik damn they really thought this trhough
 
I merged all threads on Mr. Malik (now that he isnt a judge anymore)...

I hope the courts considered all his previous cases will be questionable, not just PMLN...we will be seeing alot of criminals on the street! THANK YOU PMLN due to your personal agenda you made Pakistan akin to Australia during British rule!
 
But overruling his verdict will not be possible as it has been appealed in superior courts
 

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