Islamabad - The Islamabad High Court (IHC) Monday turned down a petition filed by a judge against the allegations that he had received illegal gratification to acquit the Bol TV CEO and many others in the Axact fake degree scam.

A single bench of IHC comprising Justice Aamer Farooq announced the verdict which it had reserved earlier on the petition of Additional District and Sessions Judge (ADSJ) Pervez-ul-Qadir Memon who had challenged the accusations leveled against him and his consequent suspension.

The court dismissed his petition declaring that it is non-maintainable as the petitioner has still a remedy available with him to file a departmental representation in this matter. The IHC bench further observed that a show-cause notice cannot be challenged before the court. In this matter, an IHC’s show-cause notice issued to the judge reads: “He committed an act of corruption by receiving illegal gratification to the tune of Rs5 million for acquittal of accused [Shoaib Ahmed Sheikh] through judgment dated October 31, 2016.”

“You admitted the above stated act of corruption before the Departmental Promotion Committee (DPC) comprising Justice Shaukat Aziz Siddiqui and Justice Mohsin Akhtar Kayani,” read an office order of the IHC issued on June 9. Pervez-ul-Qadir challenged the decision through his counsel Hafiz Arfat Ahmed Advocate, saying a DPC of the IHC raised serious allegations against him and attributed an admission to him.

In addition, the counsel said, the DPC had directed him to submit a written reply within 14 days as to why major penalty of removal from service might not be imposed upon him.

Arfat argued that in April, a DPC meeting was held and to the utter shock of the petitioner, two junior judicial officers were promoted. But before he could move a departmental representation against non-consideration, he said, he received an explanation from the IHC registrar.

He continued that the IHC’s explanation letter disclosed that his client was not considered as he was “reportedly involved in corrupt practice in the case of Axact decided by him and also in some other matters related to land grabbers,” adding:  “These issues require further consideration.”

The counsel said that the petitioner submitted his reply wherein he vehemently refuted the two allegations leveled against him. He added that the reply was supported by an affidavit of the petitioner.

He added that the acquittal was not the result of summary proceedings as there was a full-fledged trial of the accused persons. He said that the evidence brought on record by the prosecution could not have been made basis for the conviction of the accused persons involved in the case. “The petitioner pleaded his innocence before the members of the committee,” he stated in the petition.

He said that the ADSJ had apprised the committee that he had conducted thousands of cases, including some very high-profile ones and during his long career, not even a single complaint had ever been lodged against him, and his entire career was spotless.

The counsel said that the petitioner landed in the emergency of PIMS hospital as he was a chronic patient of heart disease and could not sustain the shock, adding that he filed an application seeking 30 days medical leave with permission to leave the headquarter. The said application witnessed no progress till date, he said. Also, the IHC registrar had raised allegation in the notice but did not annex any material in support thereof, he added.

Therefore, the judge prayed to the court to set aside the office order and the show-cause notice for being illegal. He further prayed that the respondents be directed to immediately process the leave request and allow the petitioner to travel to Karachi for his treatment in the presence of his dear-ones.