LHC inquiry enters decisive phase in Judge Arshad Malik’s video controversy

ISLAMABAD: Officials on Tuesday said the inquiry into judge Arshad Malik's video case has entered a decisive phase in the Lahore High Court (LHC).

The inquiry committee headed by Justice Sardar Ahmed Naeem is said to begin compiling its comprehensive report into Justice Malik's video controversy, revealed a senior official familiar on the condition of anonymity.

"The entire record has been examined. Judge [Malik] has submitted his stance. The report would be submitted before the administrative committee [to be headed by Chief Justice LHC]. This committee in light of the inquiry report would decide the fate of video-famed judge [Arshad Malik]," the senior official told Geo News.

The administrative committee headed by the then LHC Chief Justice Sardar Shamim Khan took up this matter on August 26, 2019, to take up the issue of Islamabad accountability court’s former judge who was suspended over a video leak controversy. Official sources claim that the administrative committee would most likely ponder action against judge Malik.

The Supreme Court of Pakistan (SCP) in its order on August 23, 2019, observed that "we [judges of SCP] expect that after his repatriation appropriate departmental disciplinary proceedings shall be initiated against him [judge Malik] by the Lahore High Court, Lahore forthwith.

"A seven-member administrative committee of the LHC held two closed-door meetings since August 26, 2019, to discuss the issue of judge Malik. Justice Sardar Ahmed Naeem after collecting entire official record and FIA's findings has reviewed all of judge Malik's service record, his acts and style of dispensing justice links to the supremacy of rule of law and supreme justice, officials said.

"There are serious allegations against judge Arshad Malik....his services have already been suspended, also he admitted his guilt — the inquiry against the said judge should be concluded immediately — judge Malik, however, is entitled to face a fair trial and must be given opportunity to defend his case before the disciplinary committee," opined Justice (R) Shah Khawar. Findings into judge Malik's video inquiry must come on the record now as SCP had also expressed its great concern over the said judge's conduct, he added.

The SCP in its order against judge Malik wrote: "Such admitted conduct of the judge was shocking, to say the least, besides being abhorrent and offensive to the image of a judge in the society. His sordid and disgusting conduct has made the thousands of honest, upright, fair and proper judges in the country hang their heads in shame--his admitted conduct emerging from that press release and the affidavit stinks and the stench of such stinking conduct has the tendency to bring a bad name to the entire judiciary as an institution."

The case is pending with the FIA's Cyber Crime Wing which failed to prove facts against all the accused named in the FIR, officials said. The IHC has sought a complete record of judge Arshad Malik's video case from FIA, expressing its concern over the way the investigation was being conducted by the agency. "There is no headway in judge Malik's video investigation," a senior FIA official said.

Head of the inquiry committee Babur Bakht Qureshi neither responded to this correspondent's queries pertaining to this case. Despite repeated attempts, Qureshi did not respond to this correspondent who wanted to ask "why FIA was failing to conclude investigation into this case and what was a major stumbling block in his way to make headway, if there are any, into this case."

Background of judge Malik's case suggested that PML-N leader Maryam Nawaz in a press conference on July 6, 2019, accused the said judge of convicting former prime minister Nawaz Sharif in Al-Azizia reference under duress. The judge in a complaint filed with the FIA Cyber Crime Wing claimed that he had been blackmailed by PML-N supporters.

Judge Malik also submitted an affidavit with FIA admitting on July 14, 2019, of his meetings with ex-premier Sharif and others, also involved in purported immoral act decades back. Only July 16, 2019, said judge approached FIA for ‘criminal proceedings against Mian Tariq and PML-N senior leaders'. Then on July 17, 2019, FIA registered an FIR against the accused, Mian Tariq and PML-N senior leaders and IHC on August 22, 2019, suspended Malik's services seeking action against him.