SC dismisses Hussain’s plea to halt video recording

ISLAMABAD: The Supreme Court on Tuesday dismissed the plea of Hussain Nawaz, seeking directives to the Joint Investigation Team (JIT) to refrain from recoding videos during the proceedings of the probe of the PanamaLeaks case.

Hussain Nawaz, the elder son of Prime Minister Nawaz Sharif, had filed a petition in the Supreme Court, requesting for issuing an order directing the JIT to stop the video recording of the proceedings relating to examination and interrogation of witnesses. He had also prayed the apex court to constitute an independent commission of a retired or sitting judge of this court to inquire into the circumstances leading to the leaked photograph.

On Tuesday, a three-member special implementation bench of the PanamaLeaks verdict, headed by Justice Ejaz Afzal Khan, announced its reserved verdict, dismissing the plea of Hussain Nawaz and ruled that audio or video recording cannot be admitted into evidence for the proof of such statement till the law isamended. The court ruled that it had been amended in India and other countries but its use to facilitate recording of such statements cannot be discouraged on the basis of so pedantic an interpretation of sections 161 and 162 of the CrPC.

“In the age of computer where almost everything is communicated and even business of every type is transacted online, emphasis on the form of doing a thing as it used to be done in 1898 would amount to putting at naught the dynamics of scientific and technological advancements which have not only liberated man from exhausting labour but also made the things easier,” the court observed.

“In view of what has been discussed, we don’t feel persuaded to countenance the request thus made,” the court ruled.The court order says the other prayer of the applicant cannot be attended to at this stage as the response of the Attorney General for Pakistan has not been received so far viz-a-viz the inquiry report as to the leaked photograph. The court directed the attorney general to file a concise statement on information leak by the Intelligence Bureau (IB) after Eid. The court also observed that no commission was required to probe the PhotoLeak.

At the outset of hearing, Justice Ejaz Afzal Khan said the JIT has conducted the inquiry and identified the person. “We wanted that you give your response,” Justice Ejaz Afzal asked Attorney General Ashter Ausaf.

“It is very strange that the JIT has not mentioned the person against whom action was taken and removed from the JIT,” the AG replied.Justice Ejaz Afzal said that they have considered the entire signature issue, adding that only the written statement would be produced and not the video recording unless the law was changed. He said that no part of the judicial proceeding could be kept secret. The court said the JIT constituted in view of the PanamaLeaks judgment was proceeding under Section 172 of CrPC and it is their privilege. The court made it clear to the attorney general that if something comes to its notice, then it will ask him, therefore, reply should come from the office of the attorney general, not through the media.

Justice Ijazul Ahsen said the government departments prefer to hold press conferences instead of submitting their responses in court. He said the court gave its verdict but a newspaper had already published it. He inquired from the AG as to whether he had gone through newspapers? “Yesterday, the judgment was rendered which has to be announced today.”

Ashtar Ausaf said it had happened in the past. “The judgments were published before the announcement. Unfortunately, we have not grown up,” he said. Justice Ejaz Afzal said let them grow up but when the court takes action against them, then they start groaning.

Justice Sheikh Azmat observed that the government gets favourable articles printed in newspapers.“We have already given parameters hence articles appearing in print cannot change our mind,” Justice Ejaz Afzal remarked, adding that the media write anything what they want and write articles. “Let them come under the sun.”

“You are not innocent, understand and know everything as to who give news to the media,” Justice Azmat Saeed told the AG. The AG, however, replied that the other side was also not innocent.

Justice Azmat Saeed further said that if one was to go by the day’s newspapers, it would appear that the attorney general’s services were no longer required.“You have put me to the onerous task,” Justice Ijazul Ahsen said, adding that this was an onerous case. He asked the AG to tell the self-appointed spokespersons to weigh their words. Ashtar Ausaf said it should be for everyone and the other side too.

Meanwhile, the court directed the AG to submit his reply after Eid. Justice Azmat Saeed said sanity should prevail and asked Ashtar Ausaf that his reply should not come to the court through the media and it should not be published before coming to the court.Later, the court ruled that the case would be taken up for further proceedings after Eid.