LAHORE: A Lahore High Court full bench on Friday restored a petition, earlier dismissed for non-prosecution, moved by video-scandal famed judge of Islamabad accountability court Arshad Malik seeking proforma promotion from 2009 as district & 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 Friday’s hearing on behalf of D&SJ Malik and requested the bench to restore the petition.

The counsel submitted that Mr Malik was denied promotion to the rank of the D&SJ when his all batchmates – additional district & sessions judges – were given promotion during 2009. He said Mr Malik was promoted with a delay of four years in 2013 and he became junior to his fellow judges.

The counsel argued that the petitioner judge had a legitimate right to be awarded proforma promotion from 2009.

The bench restored the petition and issued a notice to the high court registrar for next week.

The LHC on Sept 14 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 the light of his affidavit to the effect of video released by the PML-N. The party had accused D&SJ Malik of convicting former prime minister Nawaz Sharif in Al-Azizia reference under duress. The judge claimed that he had been blackmailed by the PML-N supporters.

Published in Dawn, September 21st, 2019

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