LHC restores petition moved by Arshad Malik
On the last hearing, the bench headed by Justice Shams Mahmood Mirza had dismissed the petition as nobody appeared to represent the judge. However, senior lawyer Hafiz Tariq Naseem made his appearance during the Friday’s hearing on behalf of D&SJ Malik and requested the bench to restore the petition.
LAHORE: A Lahore High Court full bench on Friday restored a petition, earlier dismissed for non-prosecution, moved by former accountability court judge Arshad Malik, seeking pro-forma promotion from 2009 as district and sessions judge.
On the last hearing, the bench headed by Justice Shams Mahmood Mirza had dismissed the petition as nobody appeared to represent the judge. However, senior lawyer Hafiz Tariq Naseem made his appearance during the Friday’s hearing on behalf of D&SJ Malik and requested the bench to restore the petition.
The counsel submitted that Malik was denied promotion to the rank of D&SJ when his all batchmate additional district & sessions judges were given promotion in 2009. He said Malik was promoted with a delay of four years in 2013 and became junior to his fellow judges. The counsel argued that the petitioner judge had a legitimate right to be awarded pro-forma promotion from 2009.
The bench restored the petition and issued a notice to the high court registrar for next week. The LHC, on September 14, had made D&SJ Arshad Malik an OSD (Officer on Special Duty) from the date of his suspension (Aug 22) by the Islamabad High Court. An inquiry is pending against him on the approval of the LHC Administration Committee in light of his affidavit to the effect of a video released by the Pakistan Muslim League-Nawaz (PML-N). The party had accused Malik of convicting former prime minister Nawaz Sharif in the Al-Azizia reference under duress. However, the judge claimed that he had been blackmailed by PML-N supporters.
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