Dismissal of a judge

05 Jul 2020

Email

AN administrative committee of the Lahore High Court led by the chief justice has dismissed from service Judge Arshad Malik who was at the centre of a controversy regarding a leaked video. As judge of the accountability court, he had convicted former Prime Minister Nawaz Sharif in the Al Azizia steel mills case while acquitting him in the Flagship reference case. In July 2019, Maryam Nawaz Sharif had released a secretly recorded video in which Judge Malik was heard confessing that his judgement against the former prime minister was given under tremendous pressure. The PML-N maintained this confession proved that Mr Sharif’s convictions were mala fide and part of a conspiracy to bring about his downfall. PTI leaders had doubted the veracity of Mr Malik’s leaked video and blamed the PML-N for blackmailing him.

His dismissal from service by the Lahore High Court on Friday is of consequence both legally and politically. It is also open to interpretation. Both the PML-N and PTI have claimed this development as a vindication of their positions. While PML-N president Shahbaz Sharif and Maryam Nawaz Sharif tweeted saying Nawaz Sharif’s innocence had been proved as it was established that Mr Malik’s conduct was compromised, Barrister Shahzad Akbar of the Asset Recovery Unit said in his tweet that Maryam Nawaz was also culpable in leaking the video of the judge and could face punishment. The law will, however, take its own course. The PML-N legal team will need to decide how they want to factor in the dismissal of the judge in the Azizia steel mills case, keeping in mind the repercussions on Nawaz Sharif’s acquittal in the Flagship reference case. However, it is fairly clear that in terms of a political narrative, the PML-N will use this to reinforce its position that Mr Sharif’s ouster and convictions were part of a conspiracy to remove the PML-N from power and usher in the PTI. For its part, the PTI has already taken a position that Mr Malik was compromised by the PML-N itself. The logic may wear thin but in a polarised environment like ours logic can easily be sacrificed at the altar of political expediency.

Of greater concern, however, is the impact of this sordid episode on the overall judicial system. Already burdened with credibility issues, the Judge Arshad Malik affair will raise additional questions about how cases are handled under various pressures, and judgements likely compromised under duress. It may be a while till we find out who actually made Arshad Malik go rogue, but it is now increasingly becoming clear that elements inside the judicial system are vulnerable to influence from private parties and state agencies. It is obvious that Mr Malik has not been the only one manipulating justice to cater to various agendas. It is high time the superior judiciary took steps to stem the rot.

Published in Dawn, July 5th, 2020