Cyber crimes court refuses to transfer judge video scandal case to ATC

Updated October 22, 2019

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Special judge of the cyber crimes court directs FIA to submit complete challan against the accused. — DawnNewsTV/File
Special judge of the cyber crimes court directs FIA to submit complete challan against the accused. — DawnNewsTV/File

ISLAMABAD: The Prevention of Electronic Crimes (cyber crimes) court on Monday rejected the application seeking transfer of the judge video scandal case to the Anti Terrorism Court (ATC).

Special judge of the cyber crimes court Tahir Mehmood Khan also directed the Federal Investigation Agency (FIA) to submit complete challan against the accused.

FIA had requested the judge to transfer this case to the ATC since the investigation was transferred from its Cyber Crimes Wing to Counter Terrorism Wing (CTW) on the complaint of judge Arshad Malik who in a secretly recorded controversial video ‘confessed’ to having convicted Nawaz Sharif under duress.

Judge Malik who has been suspended following the release of the video expressed doubts on FIA’s Cyber Crimes Wing after they declared three suspects Nasir Janjua, Khurram Yousaf and Ghulam Jilani innocent.

FIA on judge Malik’s complaint transferred the inquiry to CTW and also filed an application to cyber crimes court to transfer the case to ATC as the CTW investigates under the Anti Terrorism Act (ATA).

Two accused including nephew of Nasir Butt, main character behind the judge video scandal, were arrested by the CTW and were produced before the ATC for securing physical remand. Later on, they were sent on judicial remand to Adiala jail.

Meanwhile, Nasir Butt filed a petition before the Islamabad High Court (IHC) against foreign secretary, first secretary and Pakistani High Commissioner in the UK for not attesting the documentary evidence against judge Arshad Malik.

The counsel for Mr Butt adopted before the court that despite his client’s repeated visits to the Pakistani High Commission, the relevant officials were reluctant to attest the documentary evidence which he has already submitted before the IHC.

On Oct 5, Mr Butt submitted before the IHC the notarized copies of the transcript of the audio recording of the conversation between Butt and judge Malik, transcript of video-cum-audio recording of the conversation, affidavit of petitioner, forensic reports of audio and video recordings and a USB containing the copies of the original audio and video-cum-audio recordings of the conversations.

Earlier on July 11, judge Malik submitted an affidavit before the IHC saying that Nasir Butt, Nasir Janjua, and Mahar Ghulam Jilani were blackmailing him into acquitting Mr Sharif in Al-Azizia and Flagship Investment references because of his immoral video recorded sometime in 2001 while he was working as additional district and sessions judge in Multan.

The affidavit alleged that Nasir Butt met him and threatened him regarding revelation of the video by accused Janjua.

When the judge showed his ignorance about such video, Butt told him that it would be shown to him soon.

In a counter affidavit, Butt denied the allegations leveled against him by the judge and stated on oath that he never knew existence of any immoral video of judge Malik.

According to the affidavit of Nasir Butt, some other personalities also pressurised him to convict Sharif.

Published in Dawn, October 22nd, 2019