No relief for Nawaz from SC unless IHC rules in his favour: CJP Asif Khosa

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ISLAMABAD: The Chief Justice of Pakistan Asif Saeed Khosa on Tuesday remarked that the Supreme Court can provide no relief to former Prime Minister Nawaz Sharif unless the Islamabad High Court rules in his favour.

The court further observed as to “why no one from the Sharif family had approached the high court to seek relief for the deposed premier from his conviction”.

The three-judge bench headed by the CJP and comprising Sheikh Azmat and Justice Umar was hearing the petitions seeking probe in the leaked video case involving accountability court judge Arshad Malik.

“It is strange that those [PML-N] interested in the release of Nawaz have not yet approached the IHC because that is the only real forum to get relief,” the chief justice remarked. 

He further said that the leaked-video scandal along with the alleged misconduct of the accountability court judge will not go unattended. “However we are not in a hurry, we don’t want a prejudiced trial,” he added.

 “The high court, too, has the authority to probe the matter,” CJP Khosa said, adding that the IHC can launch an investigation through an appellant forum or through its constitutional authority under Article 203 wherein it supervises affairs of the accountability court.

Attorney General Anwar Mansoor Khan, while deliberating the matter earlier, recommended that the SC should leave the matter at the discretion of the IHC.

However, another member of bench Justice Umar Ata Bandial said that they have to establish the truth. “We are looking for remedy for those who are aggrieved.  We want to protect integrity of institution. We are not just examining the allegations of complainant,” he added.

Video scandal

Supreme Court (SC) has adjourned the hearing of video scandal case for three weeks besides summoning FIA inquiry report from Attorney General (AG). Government has taken stance article is there and contempt of court and forum like FIA is functioning, then the present petitions should be dismissed.

SC remarked “we will not dive into darkness. First of all we want to see what is there in the inquiry report. Prime Minister (PM) has also said that we should take suo moto notice on this matter but we will not take any action at some one’s behest. If we have to do anything then we ourselves will do it. We will decide on Judge conduct. As per affidavit judge was pressurized in connection with video message.

A 3-member bench of SC presided over by Chief Justice of Pakistan (CJP) Asif Saeed Khosa took up the case for hearing Tuesday.

AG Anwar Mansoor Khan argued through petition request has been made for constitution of the judicial commission. One request has been made to initiate action against judge Arshid Malik. All the facts have come before the court and affidavit of the judge has also been filed in this regard. Arshid Malik has filed a complaint in FIA. Case has been registered under FIA Cyber Crime Act on the filing of a complaint under electronic crime act. Under section 20 of electronic crime act punishment of 3 years and a fine of Rs one million can be awarded. The sentence for blackmailing someone by making his obscene picture or photo stands at 5 years term in jail and fine to the tune of Rs 5 million. Under section 13 punishment of 3 years and fine amounting to Rs 2.5 lac can be awarded for electronic forgery. As per FIA, the accused Mian Tariq Mehmood has been arrested and after seeking his remand twice he has now been sent to jail. A land cruiser was recovered from the accused Mian Tariq.

He said according to Mian Tariq the cheque which was given to him could not be cashed. Mian Tariq has several videos of judge Arshid Malik. Some videos have been sold out to Mian Salim Raza who provided these videos to Nasir Butt and now Nasir Butt has gone abroad. The investigations are underway in this connection and FIA is reaching more suspects. The videos available in USB have been obtained and these all videos have been used for blackmailing.