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"Let there arise out of you a band of people inviting to all that is good enjoining what is right and forbidding what is wrong; they are the ones to attain felicity".
(surah Al-Imran,ayat-104)
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User Name: Iqbal_Hadi_Zaidi
Full Name: Iqbal Hadi Zaidi
User since: 26/Aug/2008
No Of voices: 594
 
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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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