Chief Justice of Pakistan (CJP) Asif Saeed Khosa has remarked it is not correct to say all lawyers, judges, police and politicians are bad people as this hurts those who are not bad
ISLAMABAD (Pakistan Point News / Online - 16th July, 2019) Chief Justice of Pakistan (CJP) Asif Saeed Khosa has remarked it is not correct to say all lawyers, judges, police and politicians are bad people as this hurts those who are not bad.He further remarked responsible people should avoid giving general statements. .The Supreme Court (SC) remarked first question is credibility of judiciary and the second question is the decision is correct or otherwise.
Third question is conduct of judge. Contempt of court means the allegations against the judge are wrong.The CJP was presiding over a 3 members bench of Supreme Court (SC) during the course of hearing of alleged video scandal case regarding Judge Arshid Malik here Tuesday. .Munir Sadiq counsel for petitioner Ishtiaq Mirza told the court that Maryam Nawaz has held press conference on July 6 and she has leveled serious allegations against Judge Arshid Malik.
CJP inquired the press conference took place where and at what place.The counsel told the court that press conference was held in Lahore and Shahbaz Sharif, Shahid Khaqan Abbasi, Maryam Aurangzeb and other leaders were also present therein. It was alleged during the press conference that punishment was awarded by the judge at some one's else behest. However judge has refuted all the allegations.Munir Sadiq further told the court the judge has said different parts of video have been mixed.
The details of blackmailing have been mentioned in the statement of Arshid Malik. This is matter of serious allegations against the judiciary and a matter of public interest. The Prime Minister (PM) has also demanded that the judiciary should take notice of it. Chief Justice of Lahore High Court has also talked about investigations into this matter. The political parties are also demanding investigation.The CJP remarked " will the questions be not raised on the independence of judiciary if it takes notice at the behest of people.
Independent people work on their own and not at the behest of others. Suo motto notice is taken by the court and any suo moto which is taken on the demand of some one else is not suo motu. The court does not run on some one's demand. Your petition is also this that the judges should not proceed on some one's demand. Your proposal is what that the court should do what. .The counsel said it will be better if court orders judicial inquiry. Inquiry commission should determine truth about allegations and the reply.
If it is contempt of court then proceedings should be initiated.The CJP remarked " Search for truth is continuing since the birth of man. If such is searched by the court then those who have filed appeal will say what. The court can ask government to constitute commission. Nawaz Sharif appeal is pending hearing in Islamabad High Court (IHC). If commission is formed even then its opinion will not be a proof. Commission report can influence appeal pending with IHC.
Have you not any trust on IHC. If you have trust on high court then let it work.CJP inquired from the counsel of the petitioner. Advocate Munir Sadiq said the court can constitute JIT on Panama pattern. The truth had surfaced at least due to Panama JIT. No one should have courage to blame the judge.CJP remarked doubtlessly the credibility of judges is very important thing. JIT was formed for assisting the court and it was not formed at some one's behest.
CJP remarked it is necessary to review video scandal. The question is this who and how he will review the matter. Video scandal is an extraordinary incident.The petitioner Tariq Asad said judge Arshid Malik was hearing high profile cases.The CJP remarked all are equal before the court. No one is high profile. High profile people are in video and they all came.Justice Umar Ata Bandial remarked " law is there in regard to conduct of judge. Decision is correct or otherwise, superior judiciary will decide about it.
The dust which is rising should settle. The court has to see the matter seriously and not emotionally. First question is credibility of court. The second question is either the decision is correct or otherwise. The third question is about the conduct of the judge. The contempt of court means all the allegations against judge are incorrect.Advocate Tariq Asad said no result can come out unless the forensic checking of video is conducted. Judge committed wrong things.
Judge does not meet counsel of any side. Why no monitoring was done of the judge. The authorities and intelligence agencies had gone where. As to why the movement of judge was not monitored. The issue will not be resolved only through judicial commission. The court should bar the institutions from interfering in courts matters. Two envelopes were received by judges in Lall Masjid case and on receipt of envelopes the judges announced the decision without hearing the case.
The other institutions are influencing the judiciary.CJP inquired " do the institutions interfere. On the other hand it is said that institutions did not keep eye on Judge.The CJP remarked " the powers for constitution of commission rest with government.Advocate Tariq said the government commission will be partial. The commission should consist of serving or retired judge of sc.CJP inquired retired judge is acceptable to you.Advocate Tariq Asad said the retire judge should also be of good repute.The CJP remarked may be Arshid Malik is transferred to Punjab and proceedings can be initiated after he comes under Lahore High Court.The court while adjourning the hearing of the case till July 23 sought proposals from Attorney General (AG).
