Nemo judex in causa sua
The Judge Arshad
Malik affair not only refuses to die down or go away, it has taken on new
twists and turns with each passing day. Take for example the claimed (by Maryam
Nawaz and PML-N leaders) ‘forensic audit’ by the Punjab Forensic Laboratory of
the leaked video of the judge confessing that he had been pressurised to
convict Nawaz Sharif although there was no evidence against him. The PML-N leaders
claimed the audit had confirmed the veracity of the video, which should in the interests
of justice lead to the release of incarcerated Nawaz Sharif. Special Assistant
to the Prime Minister on Information and Broadcasting Firdous Ashiq Awan, in
her by now trademark style, could not of course let that pass. She denied any
forensic audit had been carried out, called all those (including sections of
the media) claiming this “habitual liars” and revealed that the FIA Cyber Crime
Wing would carry out a forensic audit and submit its report to the Supreme
Court. Meanwhile the author of the video, Tariq Mahmood, was presented before
Civil Judge Shaista Kundi and complained of being severely tortured by the FIA.
Perhaps as a result of these tender FIA ministrations and whatever may have
been gleaned thereby, Tariq Mahmood’s brother’s house was raided and two
‘important’ documents were claimed to have been seized. While the Supreme Court
continued hearing of petitions on the matter yesterday, it has been reported
that contrary to the Islamabad High Court’s directive, Judge Arshad Malik has
not so far been repatriated to his parent Lahore High Court but made an OSD. The
controversial judge has also filed an FIR against those who secretly filmed him
and those who released it. The FIA says more arrests may be in the offing as it
mines the record recovered from Tariq Mahmood, his brother and Nasir Butt
(whose home has also been raided and some record seized.
Awkward as the
whole affair is proving for the judiciary, the revelations courtesy the leaked
video (and some other videos circulating on social media) cannot simply be
swept under the carpet without serious damage to the credibility of the
judiciary. As it is that credibility, and the respect and dignity that flow
from it, have been severely shaken. Judge Arshad Malik climbed the tiers of the
judiciary smoothly it seems, including a stint as a sessions judge, an
appointment that gave him power of life and death through his verdicts. The
question arises whether those appointing/elevating him had no idea of the
sleazy aspects of his character that have now come to the surface (and may
increasingly be revealed)? If so, it throws a negative light on the procedure/s
for judges’ appointment. Should those responsible for Judge Arshad Malik’s
appointment and elevation not be held responsible for their failure to acquaint
themselves with the character of the man? It may be recalled that when parliament
wished to have its say in the appointments of judges of the superior judiciary,
the apex court resisted. Some critics of our judicial system have long held
that the ‘old boys’ network that operates around judges’ appointments may be at
fault in the Arshad Malik affair too. That is why perhaps it is time to return
to the natural principle of justice that ‘no one should be a judge in his own
case (Nemo judex in causa sua)’,
especially where appointment of judges is concerned. And it goes without saying
that only by cutting through the confusion created by the war of words between
the government and the PML-N on the issue and letting the truth be told can the
judiciary expect to emerge from this scandal with its credibility, grace, dignity
and respect intact.
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