ISLAMABAD: In an interesting development in the judge video case, the Islamabad High Court (IHC) on Thursday asked the Federal Investigation Agency (FIA) to explain as to why action has not been taken against the accountability judge caught on camera in a compromising situation.

The IHC division bench comprising Chief Justice Athar Minallah and Justice Aamer Farooq heard the petition seeking post-arrest bail for the main character in the video controversy, Mian Tariq Mehmood who filmed the video while Arshad Malik was posted as additional district and sessions judge of Multan.

The controversy surfaced when Pakistan Muslim League-Nawaz (PML-N) leader Maryam Nawaz during a press conference released a secret video of judge Arshad Malik in which he ‘confessed’ to convicting Nawaz Sharif in the Al-Azizia reference under duress because he was blackmailed due to the video.

The judge confessed to being in a compromising situation, but claimed that he was trapped after being sedated.

In an affidavit, Judge Malik said 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 Mr Janjua and Mr Jilani who offered him euros equivalent to Rs100 million and told him that foreign currency worth Rs20 million was readily available in their vehicle outside. But the offer had been made prior to the decision of the references, he added.

The affidavit alleged that accused Nasir Butt met him and threatened him regarding revelation of the video by accused Janjua. Whereas at that time the judge showed his ignorance about such a video, accused Butt told him that it would be shown to him soon.

After a couple of days, accused Mian Tariq Mehmood visited the judge’s house and showed him the video.

Chief Justice Minallah wondered that the judge realised after a lapse of 18 years that he was given a sedative drug so that he could be filmed in a compromising situation.

The judge never claimed that the video was forged or fake, rather he verified authenticity of the video, in such circumstances, he should have been proceeded against misconduct, Chief Justice Minallah said, adding that such an admission itself is an embarrassment for judges of subordinate as well as of superior courts.

He then asked the investigation officer to explain the crime of the accused person.

The investigation officer replied that the accused is facing allegation of making a video of the judge in order to blackmail him during a period between 2001-2003 while Mr Malik was the additional district and sessions judge of Multan.

Chief Justice Minallah asked the investigation officer whether he had recorded the statement of the judge.

The IHC chief justice asked the investigation officer “Did you ask him to explain as to why the judge went to the house where he was filmed?”

He expressed dissatisfaction over the FIA’s investigation and directed to submit a complete investigation report by May 21.

Justice Aamer Farooq remarked that after perusal of the complete investigation report, the court would pass an appropriate order on the petition of Mr Tariq.

Meanwhile, the Anti Terrorism Court (ATC) rejected the request of FIA seeking re-arrest of three suspects of the judge video case.

Earlier, last year the civil judge of Islamabad discharged the suspect Nasir Janjua, Mahar Ghulam Jilani and Khurram Shehzad after the FIA declared them innocent.

The FIA had arrested them under the Prevention of Electronic Crimes Act (PECA) and were tried by the PECA judge.

Judge Malik nominated in the first information report registered in his video controversy case.

Published in Dawn, May 15th, 2020