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JUDGE HIMSELF TURNS DEFENDANT by Iqbal Hadi Zaidi
Isn’t it very much strange, ironical and
mordacious to know that the judge who for many long years had been hearing the
arguments of all the three parties namely prosecution, plaintiff and defendant
and then keeping in view the case history, records produced by prosecution,
statements of witnesses, arguments of lawyers from both sides and
then his own personal critical assessment and thrashing it out from
legal point of view, the judge issues a verdict either in favor of the
plaintiff or the defendant, as the case may be, is now himself facing the
music?
As a matter of fact, globally speaking,
judge of whatever level, be junior or senior,
and wherever placed irrespective of his topographical situation enjoys inborn
prerogative to punish or acquit any accused presented before him as he deems
fit simply because judge is vested with authoritative judicial powers and,
therefore, many times it has been experiencedthat an accused facing very
serious charges is believed to be innocent in the eyes of the judge who then
drops out all the charges and therefore the accused is released quite honorably
while this is also on record that in another situation an accused not only
facing minor charges but also defended by top lawyer of the country is found to
be the certified offender and thus the judge instead of acquitting the accused
sentences him to be behind the bars with hard labor or otherwise.
People be male or female, governor or
governed, rich or poor, tall or short, educated or uneducated, living in city
or village, married or unmarried, eastern or western, plaintiff or defendant
and list can go on and on but yet the crux is that whenever anybody approached
any court of law under any circumstances whatsoever, they have always placed
full and blind confidence in the honorable judge and it is very strongly
believed that the judicial officer at all level be him a magistrate or a
sessions judge or a justice of high court or even a justice of supreme court,
the judicial authority will pronounce the judgement purely on its merit and
merit alone absolutely free of slightest favoritism and or even antagonism for
that matter with utmost due diligence, guided by the laws duly punctuated with
his professional acumen so that the verdict is based on principles of justice.
As regards the dismissal of Judge
Muhammad Arshad Malik is concerned nothing can be said and nothing should be
said as well for very obvious and simple reason that in this particular case
which started many months back, the case has undergone through lengthy
processes and procedures where both the parties were given ample time and
opportunities to plead their case in their favor to the best of their abilities
and capacities, therefore, under the given circumstances I am neither touching
the court judgement nor even tilting towards the sacked judge for that matter
rather I am viewing it purely from academic point of view, repeat, academic
point of view to be honest rather dead honest to tell you the truth.
Judge Muhammad Arshad Malik basically from
Lahore High Court (LHC) was transferred from Lahore to Islamabad and placed at
the disposal of Islamabad High Court (IHC) whereby as the good luck had it or
bad luck had it, IHC appointed him as Accountability Judge to deal with very
high profile cases against none but former prime minister Mian Nawaz Sharif
where the prosecution has alleged that Nawaz Sharif has earned and amassed lot
of money through illegal means and therefore he is to satisfy the court as to
how he earned so much enormous money running into billions not even millions.
National Accountability Bureau (NAB) at its own had carried out through
investigations against Nawaz and came to conclusion that Al Aziza Steel Mills
and Flagship properties have been bought by Nawaz through ill gotten money and,
therefore, Judge Arshad heading Accountability Court issued summons against
Nawaz to appear before the court in connection with the said two properties.
Mian Nawaz Sharif engaged renowned lawyer
Khawaja Harris and executed a power of attorney in his favor authorizing him to
prepare arguments in a manner that he (Nawaz) be proved as an innocent and
absolved of all responsibilities whatsoever and the cases so instituted against
Nawaz be quashed forthwith. Khawaja Harris very well prepared his arguments
duly supported by relevant documents to prove to the court that both cases are
nothing but bogus cases initiated against his client with mala fide intensions
to dent the reputation of the three-time prime minister. Khawaja did prepare
his arguments with absolute complete professional devotion and devotion and
during the proceedings, at times, it was quite evident that Khawaja will win
both the cases because Khawaja was too knife-edged, razor-sharp and blunt and
quizzed prosecution which even felt embarrassed so unknowingly it was believed
that eventually Nawaz will not and cannot be punished in both the cases.
Judge Arshad Malik while conducting court
attendances in connection with Flagship wrote that in view of all that what has
been provided to him by the plaintiff as well as the defendant, he quashes the
case and absolved Nawaz Sharif of committing any wrong proving that Khawaja
Harris won the case. PML (N) supporters danced in streets and distributed
sweets for winning the case.
Al Azizia Steel Mills case was also defended
by Khawaja Harris on behalf of Mian Nawaz Sharif and quite naturally both
prosecution and defendant went all out to impress the Judge Arshad Malik but as
the bad luck had it Judge Arshad in this case sentenced MianNwaz Sharif to
seven years imprisonment and fined Rs1.5 billion also.
Trouble started for Judge Arshad Malik when Maryam
Nawaz daughter of Mian Nawaz Sharif addressed a press conference on 6th
July, 2019 and there she released a very confidential and sensitive video
recording wherein Judge Arshad can very clearly be heard admitting that he was
under immense pressure while he presided
Accountability Court where the above mentioned two cases had been initiated
against Nawaz and he as Judge had to decide the fate of Mian Nawaz Sharif. Such
disclosure on part of Maryam against Judge Arshad was not less than piercing a
sharp huge dagger in his chest not back but what he simply couldn’t help
himself.
What a beauty duly punctuated with the
state of the art that someone very quietly, calmly and secretly thought of
convincing Judge Arshad that it will be real big honor for you to meet the
former prime minister of Pakistan Mian Nawaz Sharif and the Judge Arshad never
ever even in day dream could think that such meeting would be used against him
so he willingly and very happily travels miles and miles and met Mian Nawaz
Sharif at his palace called JatiUmra thus the danger bells which had already
started jingling turned out to be louder and louder.
Yet another meeting, so called courtesy
meeting, of Judge Arshad was nothing less than choking him to breathe as Husain
Nawaz son of Mian Nawaz Sharif with utmost perfection, precision and secrecy
net Judge Arshad in Saudia which also has gone deadly against him.
IHC on 22nd August suspended
Judge Arshad because of the leaked video and sent him back to his parent
organization LHC where he was made not only OSD but also a departmental inquiry
has been initiated against him and Justice Sardar Ahmad Naseem was nominated to
be Inquiry Judge to dig deep as to what is the truth in the leaked video.
Justice Sardar took much pain to reach the bottom of the case and being full
convinced that Judge Arshad should have been truly loyal to the oath he has
taken and regretfully he drifted from the path hence Judge Arshad Malik must be
very severely punished for committing gross misconduct.
Lahore High Court’s administration
committee consisting of seven judges namely Justice Mohammad Qasim Khan, Chief
Justice as chairman, Justice Mohammad Amir Bhatti, Justice Malik Shahzad Ahmad
Khan, Justice Shujaat Ali Khan, Justice Ayesha Malik, Justice Shahid Waheed and
Justice Ali BaqarNajfi have gone through each and every document available in the
case file and after reading what Inquiry Judge Justice Sardar has written about
Judge Mohammad Arshad Malik the committee on Friday 3rd July
terminated his employment hence Arshad Malik is a new addition to our figure of
unemployed persons.
Summing up, Mohammad Arshad Malik now must be
cursing day and night not only himself but also those who, one way or other,
dug pretty deep ditch for him to fall into and, as a consequence thereof, he is
now to defend none but himself either personally or through my law teachers
namely Saadat Hasan Minto or Aitzaz Ahsan or even my class fellow Naeem Bukhari
in case if he intends to contest his termination. Best of luck for my
compatriot Arshad.
))))))))))))))))))))))))))))))))))))))))
Iqbal Hadi Zaidi / Kuwait
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