Judge’s video,affidavit: What top lawyers say about Nawaz’ to-be stance

ISLAMABAD: As the Law Ministry on Friday stopped Accountability Court (AC) Judge Arshad Malik from working, former Prime Minister Mian Muhammad Nawaz Sharif is likely to move soon Islamabad High Court (IHC) for suspension of his sentence in Al-Azizia Steel Mills corruption case.

Legal experts believe that it is most likely that Mian Muhammad Nawaz Sharif, who is behind the bars after being sentenced for seven years in Al-Aziza steel mills corruption case, may soon approach the IHC with additional grounds in his pending appeal against his sentence.

Senior lawyer Shah Khawar said that as the IHC has made the affidavit of Judge Arshad Malik part of record of the pending appeal of Nawaz Sharif in the Azizia steel mills case, the former prime minister may approach the high court for suspension of his sentence with this additional ground.

Mian Nawaz Sharif may direct his counsel Khwaja Haris to file an application in his pending appeal against his sentence in Al- Azizia steel mills case, seeking suspension of the Accountability Court verdict, Shah Khawar told The News.

The legal experts while commenting on the Friday’s development said that declaring the verdict of Accountability Court in Nawaz Sharif case depends upon the outcome, result of administrative inquiry which is to be conducted by the concerned High Court.

Barister Ali Zafar, former President Supreme Court Bar Association, said that former Prime Minister can get relief from the court if the instant video of Arshad Malik proved that the he awarded the sentence to former PM in duress and pressure

“If the video proved and shown that the judge was under some kind of pressure or blackmailed then Nawaz Sharif’s judgment cannot be sustained and the case will have to set back for fresh decision by new judge”, Ali Zafar told The News

He, however, said that if bias of the judge is not proved and the video is tempered than it may have serious consequences for those who leaked the false video including the PML-N leadership.

He said that in the light of what has happened after the video came, the first step has been taken in right direction that judge has been relived from his job for the time being and the IHC which is the correct forum has taken cognizant of the matter.

After this, the next important step is to determine the authenticity of video and find out as to whether the judgment delivered by the judge in Nawaz Sharif’s case in any kind of pressure, Ali Zafar added

But what is most important for the sake of independence of judiciary and its reputation in public eye is that this issue must be decided expeditiously, transparently and public be informed accordingly because one must not brush it under the carpet, Ali Zafar said.

Senior lawyer Muhammad Ikram Chaudhry said that the former Prime Minister now can approach the Islamabad High Court and submit fresh grounds including the affidavit and video of Arshad Malik in his pending appeal against his sentence in Al-Azizia steel mills case and can seek the suspension of his sentences as well.

He said that the learned high court of Lahore should have taken the cognizance of the matter after the PML-N leaked the controversial video of Judge Arshad Malik and should have proceed against the judge at the earliest

Meanwhile, Barrister Zafraullah Khan, senior leader of PML-N and former advisor to Prime Minister, declined to comment as he said that he and Khwaja Haris had been appearing before the courts in Sharif family cases, therefore they avoid talking to media.

“As we have principally decided not to talk to media so I cannot make any comment,” he told The News.