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Controversial video of judge Arshad Malik: Ex-PM Nawaz files review petition in SC

October 08, 2019

ISLAMABAD: Former prime minister Mian Muhammad Nawaz Sharif on Monday filed review petition in the Supreme Court (SC) against its impugned judgment passed in the identical petitions seeking conducting an inquiry into the controversial video involving accountability court judge Mohammad Arshad Malik.

Khawaja Haris, counsel for former PM Nawaz Sharif, filed the petition under Article 188 of the constitution for review of its order dated August 23, 2019 passed in the petition seeking conducting an inquiry into the controversial video involving accountability court judge Mohammad Arshad Malik. The former PM submitted that the order dated 23.08.2019 is per incuriam and has been passed without jurisdiction, and therefore, merits to be reviewed by this august court.

He prayed the apex court to recall its’ order dated 23.08.2019 passed in Constitution Petition No. 10/2019 in exercise of power of review under Article 188 of the Constitution of Pakistan.

He has made Ishtiaq Ahmed Mirza, Advocate, Federation of Pakistan through Secretary Ministry of Law and Justice, Human Rights, Government of Pakistan, Islamabad. Mian Shahbaz Sharif, President, Pakistan Muslim League-N, Maryam Safdar Awan, Vice-President, Pakistan Muslim League-N, Raja Shahid Khaqan Abbasi, ex-prime minister of Pakistan, Senior Vice-President, Pakistan Muslim League-N, Raja Zafarul Haq, Chairman, Pakistan Muslim League-N, Nasir Butt r/o Ratta Amral, District Rawalpindi and Pakistan Electronic Media Regulatory Authority, through its chairman as respondents.

He contended that the order dated 23.08.2019 is without jurisdiction as it impinges upon the jurisdiction of the learned Appellate Court by pre-judging the issues that may or were/are likely to come before it for adjudication in its Appellate jurisdiction under NAO, 1999 in due course.

That all the issues decided by the hon’ble Bench are directly related to and affect the legal rights of the present petitioner, including his fundamental right to fair trial, and to life, liberty, dignity and equality before law, yet these issues have been decided without providing any opportunity of hearing to the petitioner, the former prime minister said

He further contended that the order dated 23.08.2019 is also violative of the constitutional guarantee whereby it is the inalienable right of all the citizens of Pakistan to be treated in accordance with law, and to enjoy the protection of law, in that passing an order with respect to a matter that specifically relates to the rights or interests of a litigant in a pending litigation without providing him an opportunity of hearing, is tantamount to, it is submitted with respect, depriving him of his right to the protection of law, as much as of his right to be treated in accordance with law. The order dated 23.08.2019 is also without jurisdiction as it has been passed in petitions filed under Article 184(3) of the Constitution, but the order itself does not specify as to with reference to which of the Fundamental Right or Rights, and whose Fundamental Right or Rights the said order has been passed”, the former PM submitted.

On August 23, the Supreme Court had ruled that the video involving former Accountability Court judge Arshad Malik cannot be of any legal benefit to Mian Muhammad Nawaz Sharif unless it is properly produced before the Islamabad High Court, Islamabad in the pending appeal, its genuineness is established and then the same is proved in accordance with the law for it to be treated as evidence in the case.

The court however, scolded the judge Arshad Malik for his conduct, ruling that his sordid and disgusting conduct has made the thousands of honest, upright, fair and proper judges in the country hang their heads in shame.

A three-member bench of the apex court headed by Chief Justice Asif Saeed Khan Khosa and comprising Justice Sheikh Azmat Saeed and Justice Umar Ata Bandiyal had announced judgment in the identical petitions seeking conducting an inquiry into the controversial video involving accountability court judge Mohammad Arshad Malik.

The court held that five issues needed to be attended in the instant matters. These five issues includes; 1-Which is the court or forum that can presently attend to the relevant video for any meaningful consideration in the case of Mian Muhammad Nawaz Sharif? 2-How is the relevant video to be established as a genuine piece of evidence? 3-How is the relevant video, if established to be a genuine piece of evidence, to be proved before a court of law? 4-What is the effect of the relevant video, if established to be a genuine piece of evidence and if duly proved before the relevant court, upon the conviction of Mian Muhammad Nawaz Sharif? 5-The conduct of the learned judge namely Muhammad Arshad Malik in the episode.