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IN yet another scandal which has embroiled the judiciary in controversy, a video purportedly showing an accountability court judge admitting he was blackmailed into giving a verdict against Nawaz Sharif in the Al Azizia reference has been made public by the PML-N — and promptly rejected by the judge at the centre of the scandal.
A day after Maryam Nawaz made explosive allegations about Arshad Malik’s so-called confession that he was pressured by “hidden hands” into convicting her father in a corruption case, the judge has issued a statement denying Ms Nawaz’s claims and termed the video “fabricated and false”. Not only has he rejected the video as one that was made by “twisting his conversations”, he has also levelled a counter-accusation against the PML-N, in which he claims that Mr Sharif’s representatives attempted to bribe and threaten him into cooperating with them as the case was being heard.
In a land where politics is truly the art of the possible, a claim as startling as the one made by Ms Nawaz should not be dismissed without a thorough investigation as uncertainty would run the risk of discrediting the judiciary. In fact, this fresh episode shines a light on the precarious relationship between the courts and those who wield influence.
In the past, Pakistan has been rocked by a scandal which laid bare the executive’s collusion with the judiciary when the Supreme Court in 2001 found that Justice Malik Muhammad Qayyum — one of the country’s most senior judges at the time — was biased in his handling of the case against Benazir Bhutto and Asif Ali Zardari. The impropriety, famously known as the ‘Justice Qayyum tapes’ scandal, hinged on leaked audio conversations between the judge and the then head of the Ehtesab Bureau, who reportedly had told the judge to “give them [Benazir Bhutto and Asif Zardari] the full dose” ahead of the verdict. Not too long ago, then Islamabad High Court judge Shaukat Siddiqui, too, spoke of pressure tactics and intimidation by security agencies to manipulate court proceedings — an explosive allegation which resulted in an inquiry that found him guilty of misconduct and saw him removed from office.
Ironically for the PML-N — a party which has in the past been guilty of interfering in the judicial process — the accountability judge’s denial and counter-allegation of attempted bribery is not looking good for the party. However, the fact that the judge was engaging with members of the PML-N is even more troubling. It is not enough for a judge to say that he or she is incorruptible, for he or she must also be seen as independent.
Mixing with elements from the political class will hardly inspire confidence in a country where conspiracy theories find their own feet far too quickly. The current scandal must be investigated by the superior judiciary whose reputation is very much on the line each time the spectre of a compromised justice system raises its head.
Published in Dawn, July 9th, 2019
Comments (21) Closed
This poor and unfortunate State and it's citizens have to suffer from such diabolical minds. For what end?
Too many unanswered questions are twisting in the wind about the verdict and sentencing of NS. The only reasonable course seems to be to immediately release him on bail, pending retrial by a new bench of judges.
Totally agree with the editorial. A thorough investigation needs to be carried out soon. Faith in the judiciary is the cornerstone of a democratic society.
Judges are human beings too and sometimes are capable of doing wrong. We do not hear anybody defending politicians when they are charged but are scared to do it for others including the powers behind those who are real rulers. Punish the culprits, but if only the opposition is cornered, we have to know why this one-sided accountability is taking place.
Under the law of evidence, the burden of proof is on the person who has made the accusation. PMLN has to go to court with unedited and uncorrupted video, equipment with which video was filmed, the people who filmed the video. Additionally, the PMLN has to provide the film it has shown to the world, which is edited. So, it can be safely assumed that Maryam Safdar is desperate and may come with more of such tactics in the days to come.
Everything is a conspiracy in Pakistan. Non state actors? Foreign hand?
The video scandal must be got investigated by IHC or the SC. In my opinion whatever are the results of the investigation minimum two persons are most likely to be legally penalized: Maryam Nawaz for scandalizing the Court / State Institutions through propagation of a concocted video- audio and the Judge Arshad Malik for not exercising due diligence in his personal conduct. No impact is likely on the trial / judgements of the case as the video- audio has little evidence value.
Why a judged confessed to the complainant, assuming he did? What was the conversation that led to this confession? This audio/video will not any value unless the circumstances of the meeting and whole conversation is also described. The judge is not confessing in front of a judicial commission, or a judge, but an aggrieved .party's representative. Why?
Nothing new. We've known since ZAB's trial and conviction that our judges are not independent (except for a few, like Qazi Faez Issa, who is in trouble for speaking the truth). When will those who are in actual control of the country realize that such activities serve to do great damage to the country? Have they learned nothing from the events of 1971?
it is not the first time tat judiciary has involved in such type of malicious cases. Pakistan police and Judiciary have tat type of notorious character . they r always paralyzed before the strong one. turn cannon toward them is not wrong. Pakistani markhor display its indication in every institution of country. therefore video scandal arises query on tat. So there is need of favor investigation.
Every day new steriods hit on our political and legal landscapes. If Malik Qayum episode was not carpeted and all those involved were punished, the latest one would not come up.
This must be investigated on fastest track and remedial action taken.
This should not be let hanging in the mind of people as unclosed chapter in the history.
The case was built by the prosecution and fully defended by the lawyers of former PM. The case is documented, it could be easily decided in the appeal court, without finding shelter in the video.
Looking at the said Judge's associate and his history , one wonders whether this Judge was worthy to be trusted to decide the fate of a Prime Minister.
Maryam Nawaz should be prosecuted.
@KnowYourHistory, ... ... Never happen.
@Lefty, .... The judge stated he was offered money for a favorable verdict. Do not forget that.
@A shah, ... ... Elite hand.
Very correct analysis and recommendation of full investigation into this sordid affair pertaining to a very disturbing news wherein the credibility of country’s judicial system is at stake of being compromised.
Let the rabbit come of the hat, exposing real culprits and true unedited story behind this unholy political drama staged by MN and others, just to gain political mileage and obvious reprieve for his convicted father on charges of corruption, by proving him to be a victim of conspiracy.
Agree. Higher judiciary can't stay quiet on this or it'll lose its credibility completely.
Nothing new, just another produce of Pakistan Civil Service; what else people join civil service for?
It is surprising why Maryam or PML N, and their lawyers are not rushing to courts with the "evidence" to get NS out of jail? Do they lack confidence in the "evidence"?
Where there is smoke there is a fire.