Rana Sana drug case: Govt withdraws charges against Judge Masood Arshad

ISLAMABAD: The federal government, in a surprising move, has withdrawn its 'crucial notification' carrying serious allegations against a senior judge of the special court Control of Narcotics Substance (CNS), Lahore, who was asked to stop immediately his work while hearing drug case against Rana Sanaullah Khan.

The Lahore High Court (LHC), soon after Ministry of Law and Justice withdrew its allegations against the Judge Masood Arshad and sent him back to the parent department, posted him as Judge Anti-Terrorism Court-II Multan. Judge Masood Arshad would take the charge next week, credible sources disclosed on Monday.

"The competent authority has been pleased to repatriate the services of Mr Masood Arshad, District and Sessions Judge as judge special court CNS Lahore with immediate effect--the division's earlier letter No.F.1 (4) 2015-A V, dated July 12, 2019 hereby, stands withdrawn--he [judge] is directed to relinquish the charge and report back to LHC forthwith," read the letter issued here.

"The said judge (Masood Arshad) has issues regarding his impartiality and integrity. It is therefore imperative that a judge administering the CNS Act, 1997 must only be impartial but should also be seen to be impartial. It is, therefore, recommended that the matter may be placed before the LHC chief justice to immediately retrieve the services of above said judge (Masood Arshad) and nominate another judge," read the 12th July's letter of (MoL&J) dispatched to the LHC registrar.

"Meanwhile, this ministry has directed the said judge to stop from working as judge special CNS (special anti-narcotics Lahore)," added the letter.

The LHC, in another similar development, posted Judge Mushtaq Elahi as Judge Anti-Terrorism Court Dera Ghazi Khan. He would also take the charge next week. Judge Musthaq Elahi was also facing almost similar charge leveled by MoL&J through an official letter sent to LHC registrar. The MoL&J expressed concern over an alleged partiality of another Judge Mushtaq Elahi, who was appointed in the Accountability Court, Lahore, some five months back. The ministry wrote to the LHC registrar six days after his appointment saying, "The said Judge (Mushtaq Elahi) has issues regarding his impartiality. It is imperative that a judge administering NAB laws must not only be impartial but should also be seen to be impartial. It is, therefore, requested that the matter may be placed before the LHC chief justice to review the nomination of the said judge and nominate another judge for the post." letter further read that "meanwhile Mr Mushtaq Elahi may be stopped from working as judge accountability court. The matter may kindly be accorded top priority and a favorable response in this respect at the most earliest shall be highly appreciated, please”.

LHC also posted Judge Naeem Arshad as Anti Terrorism Court, Bahawalpur. He was also repatriated by MoL&J with judges Masood Arshad and Mushtaq Elahi, without mentioning any reason. The said judge was hearing key cases of Sharifs' family. In last hearing, he extended remand of Maryam Nawaz Sharif and her cousin till September in Chaudhry Sugar Mills case. In July, Judge Naeem Arshad sent Hamza Shahbaz Sharif to jail on judicial remand in Ramazan Sugar Mills case in second week of July this year. Judge Naeem Arshad was also hearing the case of Shahbaz Sharif as well.

When this correspondent asked why the Ministry of Law withdrew its letter raising serious question on impartiality/integrity of Judge Masood Arshad, senior officials ((MoL&J) did not give any reason till the filling of this story. Senior officials did not explain this matter further even though this correspondent met many senior officials on Monday.

Senior officials of Ministry of Narcotics and the Anti-Narcotics Force (ANF) made it clear on Monday that they never got involved in appointment of any judge of their choice at special court of the CNS. "It's confidential process between high court and Ministry of Law. MNC and ANF has nothing do with the appointment of judges."

"Surveillance and monitoring is a confidential process and its footage or video as such. However, the footage of Lahore Toll plaza was provided with challan in order to respond to the claim of accused that arrest was made at Sukheki whereas he was stopped at a check point established ahead of toll plaza. It was a sting operation based on intelligence information and making the videos during course of operation is out of question," Ministry of Narcotics and ANF in a detailed version sent to Geo News. It's purely procedural matter between LHC and Ministry of Law. Officials also disclosed to this correspondent that a few high ups of ANF met top administration of LHC about conduct of Judge Masood Arshad in April this year. "The ANF team handed over material against judge [Masood Arshad]," added one of official. ANF wants a quick trial in this [Rana Sana] case--it has been 108 days and no charge could be framed against the accused--day to day hearing needed to conclude this case," explained the officials.