The Supreme Court bench announced the judgment in judge video scandal case today. The SC made it clear that Nawaz Sharif cannot get benefit of this video without producing it before the Islamabad High Court. SC also said that the genuineness of video needs to be established to present it as a legal evidence in the IHC.
The SC has clearly laid down the legal framework and requirements to present this video as evidence in a court of law and in this case the IHC. Now PML-N and Sharif family can approach the IHC to get relieve for former PM Nawaz Sharif on the basis of this video. But authenticity of this video through forensic analysis is necessary to get any relief.
A three-member bench of the apex court comprising Chief Justice Asif Saeed Khosa, Justice Mazhar Alam Khan Miankhel and Justice Qazi Muhammad Amin Ahmed heard the petitions. The Chief Justice announced the decision in the open court. The detailed judgment was released on SC website a short while ago.
Here is the text of SC judgment regarding the Nawaz Sharif case. “The relevant video cannot be of any legal benefit to Mian Muhammad Nawaz Sharif unless it is properly produced before the Islamabad High Court, Islamabad in the pending appeal, its genuineness is established and then the same is proved in accordance with the law for it to be treated as evidence in the case,” reads the judgment.
“It must never be lost sight of that the standard of proof required in a criminal case is beyond reasonable doubt and any realistic doubt about an audio tape or video not being genuine may destroy its credibility and reliability,” the judgment notes.
“In the end we find that it may not be an appropriate stage for this Court to interfere in the matter of the relevant video and its effects, particularly when the said video may have relevance to a criminal appeal presently sub judice before the Islamabad High Court, Islamabad,” adds the verdict.
“A criminal investigation is already being conducted into the matter by the Federal Investigation Agency, some other offences or illegalities under some other laws referred to by the learned Attorney-General might also entail inquiries or investigations by the competent agencies or for a and any probe into the matter by a Commission to be constituted by the Government or by this Court may end up only with an opinion which may have no relevance or admissibility in the relevant appeal pending before the Islamabad High Court, Islamabad. In this view of the matter, all these petitions are disposed of with the observations made above.”
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13 November, 2019