Judge Arshad Malik’s video scandal investigation team faces inquiry

ISLAMABAD: Judge Arshad Malik's video scandal investigation team is going to face an inquiry over claims of producing "extremely shady, defective and malafide investigation" against the key accused who got a clean chit in the said case.

A high-powered team of the Federal Investigation Agency (FIA) started a probe into Judge Arshad Malik's case which concluded “material available on the record -- it is evident that not a single piece of evidence is available on the record against the present accused [Nasir Janjua, Khurram Shehzad Yousaf & Mahar Ghulam Jilani].” The said accused, based on this probe, were released in the second week of this month.

"The FIA team, which probed judge's video case, is going to face an inquiry," confirmed a senior official of FIA, familiar with the latest findings linked to Judge Arshad Malik's case. "It has become a test case -- all eyes are on the fresh investigation. We are also inquiring either someone in FIA or outside the organisation tried to influence the investigators to get the desired result in this," added the official, seeking anonymity due to seriousness of the matter.

The newly-formed investigation team, headed by Babar Bakhat of FIA, revealed, "The case file, relevant record and case property was handed over by the previous investigation team of police station the Cyber Crime, Islamabad, to counter-terrorism. Newly-constituted investigation team has been pursuing the case file. From scrutiny of file, it was revealed that neither interim report u/s 173 CrPC was found submitted in the competent court nor any request for extension of time for submission of interim report u/s 173 CrPC was found on the record," revealed FIA's official findings exclusively made available with Geo News. "Fresh notices have been issued to all the accused, except the politicians [PML-N top leadership]," confirmed an FIA official associated with the probe. "Next week is important where some key accused could be arrested by FIA -- case of two absconders namely Nasir Butt and Mian Raza has also been put on notice. We are pursuing their repatriation case vigorously," he added.

Afzal Butt, Director Cyber Crime Wing FIA, was heading the first investigation team who was asked to report to the Establishment Division immediately after the accused were released by the Judicial Magistrate Saqib Jawad. Kaleem Ullah Tarrar, Assistant Director Law, FIA, Farooq Latif, Assistant Director, FIA, and Fazal Maabood, Investigation Officer, were other members of that FIA team. "The learned Judicial Magistrate [Saqib Jawad] (West) Islamabad totally failed to apply his judicial mind to the main theme of Section 169 CrPC and proceeded to discharge the three accused in an incident haste without any legal justification, relying on extremely shady, defective and malafide investigation against the three accused. Moreover, it appears from the record that learned judicial magistrate (West) Islamabad, and the investigation team intentionally in collusion ignored the prosecution case, particularly the content of FIR, affidavit submitted by the complainant and detailed inquiry report of FIA presented before the Supreme Court, where the above named three accused were charged for playing specifying role in furtherance of commission of offence," read the Cyber Crime Court, Islamabad, order.

The inquiry is being initiated in the light of Judge Arshad Malik's plea as well as the court's observations to start a fresh investigation by taking official action against the first investigation team. "The complainant [Arshad Malik] after the discharge of the above named accused moved an application dated 11-09-2019 where he highlighted that neither he was examined nor the investigation team recorded his statement and prayed for departmental action against Afzal Mehmood Butt, Director FIA Cyber Crime Wing, Kaleem Ullah Tarrar, A.D Legal FIA, Farooq Latif, A.D and Fazal Maaboob, SI," the court's order further read. "What was the extraordinary in this case that the investigation team of FIA by shutting their eyes and closing their minds proceeded with an unusual haste and it was my regret and surprise for the learned judicial Magistrate (West) Islamabad namely Saqib Jawad, who by turning a blind eye to the above stated question of facts and question of law proceeded to discharge the accused," added the order.