Judge Arshad Malik who didn't join probe levels fresh allegations

ISLAMABAD: In a shocking move, Judge Arshad Malik has claimed through an application that the Federal Investigation Agency’s probe team and key accused had wilfully established a nexus to destroy his video scandal case. The FIA team conducted an extremely shady investigation where the three key accused got a "clean chit" from the judicial magistrate. “I have just come to know, to my shock and dismay that instead of objective, independent, professional and thorough investigation, the involvement of three accused in the commission of (or aiding or abetting the commission of) offences disclosed by the contents of the FIR, the members of the investigation team, obviously and patently, acting in collusion with the said three accused, submitted an application ostensibly under Section 169 PrPC in the court. Nasir Janjua, Ghulam Jilani and Khurram Yousaf

were neither found involved in making audio or immoral video of complainant judge Arshad Malik nor have publicly exhibited, displayed and transmitted,” judge Arshad Malik wrote in his application submitted to Director General FIA Bashir Memon. "The discharge and release of three accused [Nasir Janjua, Ghulam Jilani and Khurram Yousaf] named in Paragraph No I hereof caused and obtained solely on the basis and on account of the section 169 CrPC Application submitted through the two members of investigation team is unlawful, erroneous and contrary to and violative of my rights as complainant and also appears to be tainted by mala fides of and collusion between the members of investigation team and three accused in question," added the application, exclusively made available to this correspondent.

The development came at a time when DG FIA Bashir Memon has gone on long leave and the new FIA team headed by Babar Bakht is going to submit its fresh report on the case to the Cyber Crime Court Islamabad on Monday (today).

Judge Arshad Malik, who is an OSD now, further wrote in his application, “It is apparent from a bare perusal of the section 169 CrPC application that specific details of the manner and scope of the investigation carried out by the investigation team was not shared with and explained to the learned judicial magistrate Islamabad, which was an essential pre-requisite, before procuring the release of the three accused in question.

It is also apparent that the undersigned being complainant was neither taken into confidence nor provided any prior notice or any opportunity to comment on the proposed filing of the section 169 CrPC application, which is patent violation of the fundamental rights of the undersigned and his legally enforceable rights qua complainant.”

Judge Arshad Malik, who did not appear before FIA team despite repeatedly served notices as sources told this correspondent, wrote in his application that section 169 CrPC application was prepared and moved surreptitiously and the decision to seek release of the three accused in question was concealed from the undersigned (qua complainant) intentionally and so as to unduly and unlawfully favour the said three accused.

“The intentionally misleading contents of and improper motive behind the section 169 CrPC application is also established by the statement therein that, during investigation Nasir Janjua, Ghulam Jilani and Khurram Yousaf were neither found involved in making of audio or immoral video of complainant judge Arshad Malik nor have publicly exhibited, displayed and transmitted, as this particular charge and allegation has been attributed to other accused in the FIR and a different role and involvement has been expressly attributed to the three accused,” stated judge Malik’s application submitted to DG FIA days after the accused were released by the magistrate.

The judge further claimed that the investigation team failed to conduct a proper, objective and comprehensive investigation into the real questions and issues arising from and in his complaint and also failed to duly and properly interrogate the three accused with reference to the specific role attributed to them in the FIR. It is apparent that the investigation team has simply accepted the verbal denial and orally taken version and stance of three accused without any critical analysis or any other corroborating evidence or substantiating material which is against the basic norms of investigation in such matters and which it is submitted also betrays the bias of the members of the investigation team in favour of the three accused,” he added.

His said his application discloses the commission of serious offences including inter alia, blackmail, criminal intimation as well as an underlying concerted conspiracy to interfere with the administration of criminal justice by employing the subjective video as a basis.

“However, the investigation team by apparently simply accepting the oral denial of the individuals has failed to perform its duties and functions in accordance with law and as a result thereof the fundamental rights of the undersigned complaint have been violated. Additionally, my [judge’s] legal right to seek prosecution of all involved in the offense arising from the contents of the FIR has been unlawfully and unreasonably stifled, all with the object of unduly favouring persons nominated in the FIR itself, the contents of which are hereby reiterated and reaffirmed by the judge.

The judge said he had lost all confidence in the investigation team consisting of Afzal Mahmood Butt, Fazal Maabd and Farooq Latif.