ISLAMABAD: As former prime minister Nawaz Sharif on Saturday requested the Islamabad High Court (IHC) to also hear the ‘other side’ before deciding the judge’s video leak controversy, its main character Nasir Butt submitted forensic reports and other documentary evidence to authenticate the video in which former accountability judge Arshad Malik confessed to having convicted the ex-PM under duress.

In a related development, the Federal Investigation Agency arrested Hamza Arif Butt, the nephew of Nasir Butt, and another man Faisal Shaheen before obtaining their physical remand till Monday.

In his application filed before the IHC, Nawaz Sharif said that since the court had made judge Malik’s affidavit part of record, it was mandatory to hear the point of view of the other side as well before deciding the controversy.

In another petition that contained documentary evidence against the former accountability judge, Nasir Butt contended before the IHC that he was senior vice president of the Pakistan Muslim League-Nawaz in the UK and he intended to place certain evidence on record but when he visited Pakistan’s High Commission in the UK and tried to hand over the documents to the staff, they did not cooperate.

Controversy’s main character says judge Malik ‘falsely denied tape authenticity’, submits documentary evidence

He requested the court to permit the documents to be placed on record of the appeal against conviction of Nawaz Sharif in the Al-Azizia reference “in order to secure the ends of justice as well as to prevent the abuse of process of court”.

The notarised copies of transcript of audio recording of the conversation between Butt and judge Malik, transcript of video-cum-audio recording of the conversation, affidavit of the petitioner, forensic reports of audio and video recordings and a USB containing the copies of the original audio and video-cum-audio recordings of the conversations were attached with the petition.

The petition referred to the video that was released on July 6 during the press conference of PML-N leaders including Maryam Nawaz, Shahbaz Sharif, Khawaja Mohammad Asif and others. In the video, judge Malik was telling Butt that he had convicted Mr Sharif in the Al-Azizia reference under pressure.

However, judge Malik rebutted the allegations and issued a press release the following day and on July 11 submitted an affidavit before the IHC that had been made part of court record.

In the affidavit, judge Malik alleged that at a social gathering attended by Nasir Janjua and Maher Ghulam Jilani, the former took him aside and implored him to give verdict of acquittal in both the references. The judge also claimed he was again approached by both accused Janjua and Jilani who offered him euros equivalent to Rs100 million and telling him that the foreign currency worth Rs20 million was readily available in their vehicle outside. But the offer had been made prior to his decision on the references, the judge claimed.

The affidavit further alleged that Nasir Butt had met the judge and threatened him regarding the video leak by accused Janjua. While the judge at that time showed his ignorance about any such video, Mr Butt told him that it would be shown to him soon.

The petitioner said that judge Malik “falsely denied the authenticity of the video and audio recordings. Likewise, he has falsely alleged that the applicant [Nasir Butt] had extended to him [judge Malik] threats of physical harm and intimidation prior to the announcement of the judgement in the two references heard by him, and / or pressurised or blackmailed him.”

According to the petition, it is the right of the petitioner to contest these allegations and the court may give him opportunity to bring the documentary evidence on record.

FIA arrests petitioner’s nephew

Meanwhile, the Federal Investigation Agency (FIA) arrested two more people, including Nasir Butt’s nephew Hamza Arif Butt, for secretly recording the video of judge Malik.

Producing Faisal Shaheen and Hamza Arif Butt before the court, the FIA alleged that Shaheen recorded the video through his mobile phone, whereas it was downloaded in the laptop of Hamza Butt.

According to the prosecution, the laptop was in the possession of Hamza Butt’s cousin and the investigation agency required physical custody of the suspects to recover the evidence.

Subsequently, the court handed over the custody of the suspects to the FIA and directed it to produce them before the court again on Monday.

Published in Dawn, October 6th, 2019