ISLAMABAD - The Supreme Court of Pakistan Tuesday said that it does not intend to meddle into the leaked video case of Judge Arshad Malik on the demand of people.

Chief Justice Asif Saeed Khan Khosa remarked while heading a three-member bench of the apex court: “We are considering different options seeing to what extent we have to go or not to interfere? We will not jump into this case on the demand of people. We will not leap in the dark.”

The bench, comprising Justice Sheikh Azmat Saeed and Justice Umar Ata Bandial, conducted hearing the petitions filed by Advocate Ishtiaq Ahmed Mirza, Advocate Sohail Akhtar and Advocate Tariq Asad.

During the hearing, the chief justice noted that after Maryam Nawaz press conference wherein Judge Arshad Malik video was shown, Prime Minister [Imran Khan] and Sirajul Haq, Ameer Jamat-e-Islami insisted upon that the judiciary should take notice of it.

He added that the matter is pending before the Islamabad High Court (IHC) and there are different options. However, he said: “We are not in hurry as far this matter is concerned,” and continued, “Whatever will be appropriate we shall do so it does not cause damage to any party.”

Later, the court deferred the case for three weeks, saying that before proceeding further wait for the Federal Investigation Agency (FIA) inquiry report.

Says SC doesn’t intend to meddle in leaked video case

Earlier, the chief justice was surprised to note that those who wanted to set aside Accountability Court judgment on Al-Azizia Mills still have not approached the court regarding the matter.

Attorney General for Pakistan Anwar Mansoor informed the court that FIA is conducting investigation on the complaint of Judge Arshad, which he had filed about a video, due to that he had been blackmailed. The AGP told that he would meet with the DG FIA about investigation and submit its report in three weeks.

The attorney general proposed to let the High Court, where appeal is pending, deal with the matter. Let the investigation by FIA and PEMRA go on. If someone is aggrieved then he could move to the High Court, he said. He further suggested that Supreme Court should not interfere into this case at this stage as it could prejudice the case of either party.

The chief justice noted that the High Court has two constitutional powers. One as appellate forum and the second is supervision of the subordinate courts. No relief can come to the convict [Nawaz Sharif] unless it is provided by the High Court. The documents and record, on the basis of that Accountability Court awarded sentence to Nawaz Sharif in Al-Azizia, is available with the High Court.

Justice Khosa remarked that either High Court can record the additional evidence itself or can refer the matter to the trial court for retrial or fresh evidence and the determination. The PEMRA, Judicial Commission or FIA findings cannot set aside the Accountability Court’s judgment and only High Court can set aside. The reports of PEMRA, Judicial Commission or FIA will be some sort of material and not the evidence unless it is brought with admissible evidence, said the chief justice.

He further noted that it is not the evidence brought on the record but the charge has to be proved. “If we interfere then what effect it will have except making headlines in the media.” “Will this help or prejudice the case?” he added.

The chief justice said that Judge Arshad Malik’s conduct is separate issue. It shall not go unattended as it is matter of court prestige and dignity. “We will deal with it.” If a judicial officer acts unlawfully it creates black hole in the justice system. The attorney general said that some allegations have been accepted by the judge.

Justice Umar Ata Bandial remarked that the institution reputation is at stake if its member whether from district courts or high judiciary is maligned. The investigation should continue.

Onset of the proceeding, AGP Anwar Mansoor informed that on July 16 Judge Arshad Malik submitted an affidavit in IHC and also filed a complaint with the FIA, which is investigating the matter.

Justice Bandial said: “We have to establish the truth about the allegations by judge. There are allegations levelled by the other party. We have to keep in mind the remedies available to the other party. We are not looking for the allegations levelled by the judge [Arshad Malik] in his statement.”