Chief Justice Asif Saeed Khosa on Tuesday remarked that the Supreme Court can provide no relief to former prime minister Nawaz Sharif unless the Islamabad High Court rules in his favour, a private TV channel reported.
“Why no one from the Sharif family has approached the high court to seek relief for the deposed prime minister over his conviction,” the court observed while hearing the petitions seeking probe in the leaked video case involving accountability court judge Arshad Malik. “It is strange that those [PML-N] interested in the release of Nawaz have not yet approached the IHC because that is the only real forum to get relief,” the chief justice remarked, while heading a three-judge bench including Justice Sheikh Azmat Saeed and Justice Umar Ata Bandial.
The chief justice said that the leaked video scandal along with the alleged misconduct of the accountability court judge will not go unattended. “However, we are not in a hurry, we don’t want a prejudiced trial,” he said. “The high court, too, has the authority to probe the matter,” he said, adding that the IHC can launch an investigation through an appellant forum or through its constitutional authority under Article 203 wherein it supervises affairs of the accountability court.
Attorney General Anwar Mansoor Khan, while discussing the matter earlier, recommended that the apex court should leave the matter at the discretion of the IHC. However, Justice Umar Ata Bandial said they have to establish the truth. “We are looking for remedy for those who are aggrieved. We want to protect integrity of the institution. We are not just examining the allegations of complainant,” he added.
The attorney general opposed the petitions and the formation of a judicial commission to probe the matter, saying there is no need for its constitution because a separate forum exists to deal with such matters. But the chief justice made it clear that the SC will examine all evidence to prevent any loss being incurred by anyone. He said the court is considering different options – the last of which will be setting up a judicial commission – but will take a decision after perusing the inquiry report. “We will not take a leap in the dark,” Justice Khosa said, observing that some people might want the apex court to rush through the matter.
The chief justice observed that the judicial commission, if constituted, can only give its opinion on the matter and not pass any judgement. “Only the high court can give relief to Nawaz Sharif,” he said, adding that the high court can order a re-trial of the Al-Azizia reference and even decide the matter itself after examining the evidence.
One of the questions being examined by the apex court, according to Justice Khosa, was whether it was appropriate for judge Malik to visit Nawaz’s residence after sentencing him. Justice Bandial remarked that the SC had to ascertain the truth of allegations levelled by both sides while maintaining the sanctity of the court.
The bench subsequently directed the FIA to complete its probe in the matter within three weeks. The attorney general was asked by the court to ensure the inquiry is completed in a timely manner.
During the hearing, attorney general informed the court that the forensic analysis of judge’s video is not possible in Pakistan. He explained that these videos were made between years 2000 and 2003 and that the equipment necessary for forensic analysis is not available in the country.
The hearing of the petitions was adjourned for three weeks.
