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                        <title>The Express Tribune</title>
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			<title>Malik Riaz to file case against Arsalan Iftikhar in Britain</title>
			<link>https://tribune.com.pk/story/483836/malik-riaz-to-file-case-against-arsalan-iftikhar-in-britain</link>
			<comments>https://tribune.com.pk/story/483836/malik-riaz-to-file-case-against-arsalan-iftikhar-in-britain#comments</comments>
			<pubDate>Mon, 24 Dec 12 16:37:31 +0500</pubDate>
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				<![CDATA[web.desk]]>
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			<category><![CDATA[Pakistan]]></category>
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				<![CDATA[Zahid Bukhari says he will leave for Britain tomorrow.]]>
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				<![CDATA[Unsatisfied with justice in Pakistan, business tycoon Malik Riaz has decided to to take his tirade against Arsalan Iftikhar to a Britain court, claimed his counsel Zahid Bukhari on Monday as reported by Express News.

Speaking to the media at Lahore High Court, Bukhari said that the exchange of money between his client and Arsalan took place in Britain, and therefore it is better to file a case there too.

In this connection, Bukhari said he will leave for Britain on December 25, 2012.

The lawyer claimed that Pakistan’s courts were not providing justice to Riaz and reposed his faith in Britain’s judiciary instead, hoping that its courts will be unbiased and will pass a fair judgement.

In June, following media reports that Arsalan had received between Rs300 and Rs400 million from a real estate tycoon to influence judicial proceedings, the Supreme Court had summoned him and Riaz to initiate proceedings against them. Later, the court also formulated a one-man commission to probe the allegations but Riaz did not appear before it claiming that the commission was 'biased'.]]>
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			<title>Arsalan Iftikhar case: Supreme Court orders disbanding of Suddle Comission</title>
			<link>https://tribune.com.pk/story/476485/arsalan-iftikhar-case-supreme-court-orders-disbanding-of-suddle-comission</link>
			<comments>https://tribune.com.pk/story/476485/arsalan-iftikhar-case-supreme-court-orders-disbanding-of-suddle-comission#comments</comments>
			<pubDate>Fri, 07 Dec 12 07:40:10 +0500</pubDate>
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				<![CDATA[The court also issued directives to make the third report public.]]>
			</description>
			<content:encoded>
				<![CDATA[The Supreme Court on Friday ruled the disbanding of a one-man commission headed by former police official Dr Shoaib Suddle, Express News reported Friday. The commission had been  constituted to probe graft allegations against the son of the Chief Justice of Pakistan.

The court also issued directives to make the third report public.

Former chairman of Bahria Town, Malik Riaz, had strongly criticised the one-man inquiry commission constituted to probe graft allegations against the son of the Chief Justice of Pakistan.

Riaz said that he had submitted receipts of Arsalan Iftikhar’s expenses in the Supreme Court on June 6, 2012. But the Supreme Court did not conduct any investigation then.

The business tycoon had alleged that Arsalan lived in a Portman Square penthouse which costs Rs7 million a month in addition to enjoying services of the best hotels in London. Riaz said that receipts and proofs of these expenses have been submitted to the Supreme Court, but no action was taken on them either.]]>
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			<title>Malik Riaz's lawyer terms Suddle commission 'illegal'</title>
			<link>https://tribune.com.pk/story/476134/malik-riazs-lawyer-terms-suddle-commission-illegal</link>
			<comments>https://tribune.com.pk/story/476134/malik-riazs-lawyer-terms-suddle-commission-illegal#comments</comments>
			<pubDate>Thu, 06 Dec 12 16:37:38 +0500</pubDate>
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				<![CDATA[ppi]]>
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			<category><![CDATA[Pakistan]]></category>
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			<description>
				<![CDATA[Advocate says the commission has no authority to seek or examine tax details of his client, or register a case.]]>
			</description>
			<content:encoded>
				<![CDATA[The counsel for property developer Malik Riaz Advocate Zahid Bokhari on Thursday expressed complete distrust over the one-man inquiry commission headed by Shoaib Suddle, probing Arsalan Iftikhar case.

Talking to media outside the Supreme Court on Thursday, Bokhari claimed that the Suddle Commission had no constitutional mandate to probe the matter. He said that the Federal Tax Ombudsman Shoaib Suddle had family relations with the chief justice of Pakistan, thus the findings of the commission could not be impartial.

To a query, he said "we will not appear before the commission till a decision on a review petition pending before the Supreme Court against its [commission] formation. He said the commission had been informed in writing about his stance.

On reports that the commission had sent its' findings to the Supreme Court, Bokhari claimed that the proceedings conducted by the commission from October 6 to November 6 were illegal. He said the commission had no legal authority to order registration of a case against his client.

Besides, he said the commission also had no authority to seek or examine the tax details of his client.

The Supreme Court had formed a one-man commission headed by Shoaib Suddle to probe into the allegations Malik Riaz had leveled against Dr Arsalan Iftikhar.]]>
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			<title>Suddle commission: Malik Riaz provided no proof to back allegations</title>
			<link>https://tribune.com.pk/story/475597/suddle-commission-malik-riaz-provided-no-proof-to-back-allegations</link>
			<comments>https://tribune.com.pk/story/475597/suddle-commission-malik-riaz-provided-no-proof-to-back-allegations#comments</comments>
			<pubDate>Wed, 05 Dec 12 16:42:56 +0500</pubDate>
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				<![CDATA[web.desk]]>
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			<category><![CDATA[Pakistan]]></category>
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			<description>
				<![CDATA[Commission wants SC to make it binding on Malik Riaz to appear before it.]]>
			</description>
			<content:encoded>
				<![CDATA[The Shoaib Suddle commission formed by the Supreme Court to probe the Arsalan Iftikhar case has filed its provisional report in which it found no proof to back the allegations against Arsalan Iftikhar, Express News reported on Wednesday.

Sources with knowledge of the report told Express News that a 30 page document has been dispatched to the Supreme Court detailing the progress of the commission so far.

Per the report, business tycoon Malik Riaz had alleged that Arsalan had usurped Rs340 million, but provided no proof to back up this claim.

The commission added that despite issuing five notices to the business tycoon, he had failed to make an appearance.

It urged to Supreme Court to make it binding for Riaz to appear before the commission.

Malik Riaz scoffs at 'Arsalan commission'

Reacting to the report, Malik Riaz said that he already had doubts that this was not the Shoaib Suddle Commission, rather the "Arsalan Iftikhar Commission", and he did not accept the one-man body. Hence, he never appeared before it.

Riaz said that he had submitted receipts of Arsalan Iftikhar's expenses in the Supreme Court on June 6, 2012. But the Supreme Court did not conduct any investigation then.

The business tycoon further alleged that Arsalan lived in a Portman Square penthouse which costs Rs7 million a month in addition to enjoying services of the best hotels in London. Riaz said that receipts and proofs of these expenses have been submitted to the Supreme Court, but no action was taken on them either.

He added that his lawyer is preparing further evidence against Arsalan.]]>
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			<title>Arsalan Iftikhar case: Suddle Commission submits initial findings to SC</title>
			<link>https://tribune.com.pk/story/475865/arsalan-iftikhar-case-suddle-commission-submits-initial-findings-to-sc</link>
			<comments>https://tribune.com.pk/story/475865/arsalan-iftikhar-case-suddle-commission-submits-initial-findings-to-sc#comments</comments>
			<pubDate>Wed, 05 Dec 12 16:42:10 +0500</pubDate>
			<dc:creator>
				<![CDATA[our.correspondent]]>
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			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=475865</guid>
			<description>
				<![CDATA[Riaz says he does not accept the commission’s authority.]]>
			</description>
			<content:encoded>
				<![CDATA[A one-man inquiry commission constituted to probe graft allegations against the son of the Chief Justice of Pakistan submitted an interim report to the Supreme Court (SC) on Wednesday, highlighting the results of the initial inquiry and complaining of non-cooperation from various quarters.


According to sources, the report submitted before the court states that contrary to real estate magnate Malik Riaz’s claims of receiving Rs342 million from Arsalan Iftikhar, the former could only provide proof for Rs5 million, which he spent while arranging foreign trips for Chief Justice Iftikhar Chaudhry’s son.

“Riaz could only prove that he spent Rs5 million from his son-in-law’s account on Arsalan Iftikhar’s behalf. Arsalan, however, convinced the commission that he returned Rs4.5 million against the expenses incurred during his trips abroad. As proof, Arsalan produced a copy of the cheque through which he returned the money,” the report maintains.

While the much-awaited report has yet to be made public, the head of the commission, Shoaib Suddle, complained of several factors delaying the investigation and creating hurdles before the commission.

“The interior ministry did not cooperate with the commission. Despite serving several reminders, the ministry never placed the names of the accused on the exit control list. The ministry also transferred FIA officials, whose services were being sought by the commission,” the report stated.

Suddle requested the court to direct concerned parties in the case to cooperate with the commission so that it may bring the probe to a logical conclusion. Meanwhile, he said the commission was ready to hold an open hearing if both parties in the case agreed to sit together and present facts.

Arsalan Iftikhar’s counsel, Sardar Ishaq, said he was ready to appear before the commission at the next hearing, scheduled for December 7.

Riaz’s counsel Zahid Bukhari, however, rejected the report.

‘Arsalan Commission’

Malik Riaz said he did not expect justice from the one-man commission. “I already knew that the Suddle Commission is the Arsalan Commission,” said the property tycoon.

Riaz said he had submitted proof of the millions he received for Arsalan before the SC, but did not share them with the inquiry commission since he did not recognise it. He said the rent of the flat where the CJ’s son stayed in London was around Rs7 million a month, adding that he would submit further proof of extortion to courts in London.

Published in The Express Tribune, December 6th, 2012.]]>
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			<title>Dr Arsalan Iftikhar case: Riaz promises more evidence against CJ’s son</title>
			<link>https://tribune.com.pk/story/466633/dr-arsalan-iftikhar-case-riaz-promises-more-evidence-against-cj%e2%80%99s-son</link>
			<comments>https://tribune.com.pk/story/466633/dr-arsalan-iftikhar-case-riaz-promises-more-evidence-against-cj%e2%80%99s-son#comments</comments>
			<pubDate>Fri, 16 Nov 12 05:24:22 +0500</pubDate>
			<dc:creator>
				<![CDATA[our.correspondent]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=466633</guid>
			<description>
				<![CDATA[Insists he is not against the SC but against elements extorting bribes from businessmen.]]>
			</description>
			<content:encoded>
				<![CDATA[Real estate tycoon Malik Riaz announced he will reveal more evidence against Dr Arsalan Iftikhar in the coming days.


Talking to Express News anchor Javed Chaudhry in his programme Kal Tak, Riaz maintained that he was not against the Supreme Court or any institution, but was fighting certain elements that are forcing the country’s business community to pay hefty bribes to ensure their businesses continue to function.

He maintained that while bribery existed everywhere in the world, in Pakistan it blocked every businessman’s way, adding that their projects were stalled by stay orders until they gave in to every official’s request.

Riaz claimed he has been tortured by the courts since 1996 which have propped up more than a hundred cases against him, his son and organisation. He added these included ‘baseless’ murder cases as well. When asked why he was being targeted, the businessman maintained he did not know.

Talking about Dr Arsalan, Riaz said Chief Justice Iftikhar Chaudry’s son had been provided the ‘five-star’ Suddle Commission, adding that this was absolutely unacceptable for him. He demanded investigation agencies probe Arsalan’s own assets ‘worth billions’. Riaz also demanded that the security protocol provided to CJ Chaudhry’s son be immediately withdrawn.

Published in The Express Tribune, November 16th, 2012.]]>
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			<title>It has been proven that ‘Don’ Arsalan is managing things: Malik Riaz</title>
			<link>https://tribune.com.pk/story/465031/it-has-been-proven-that-%e2%80%98don%e2%80%99-arsalan-is-managing-things-malik-riaz</link>
			<comments>https://tribune.com.pk/story/465031/it-has-been-proven-that-%e2%80%98don%e2%80%99-arsalan-is-managing-things-malik-riaz#comments</comments>
			<pubDate>Tue, 13 Nov 12 11:05:02 +0500</pubDate>
			<dc:creator>
				<![CDATA[Ema Anis]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=465031</guid>
			<description>
				<![CDATA[Business tycoon appears before Suddle commission, says he does not believe it will investigate independently.]]>
			</description>
			<content:encoded>
				<![CDATA[Business tycoon Malik Riaz reiterated on Tuesday that Arsalan Iftikhar, son of Chief Justice Iftikhar Muhammad Chaudhry, was a “don” who was managing things according to his will.

“Arsalan will get the same justice that common people receive. Don’t make him a VIP, he’s a don,” Riaz said while speaking to the media after appearing before the Suddle commission tasked to probe the Arsalan-Riaz saga.

Riaz reaffirmed that he does not have faith in the one-man commission, as Shoaib Suddle had family relations with Arsalan. “I want to request the Supreme Court to treat everyone equally,” he said while referring to other cases in which the Federal Investigation Agency (FIA) and National Accountability Bureau (NAB) were tasked to probe, while his case was handed to the “5-star” Suddle commission.

“There’s a deal going on as well for the extension in Suddle’s job so no one can challenge his decisions,” he added.

Riaz’s counsel Zahid Bukhari told the media that he has submitted a written complain to the commission regarding its eligibility. “We have maintained that the constitution of the commission was unlawful and we have challenged it too in the Supreme Court in form of a review, but the review is still pending.”

He said that all notices sent by the commission to his client were ignored as they do not believe that the commission can investigate independently.

“On October 5, the life of the commission ended and it died. The Supreme Court revived it on November 6, so all investigations that the commission carried out within this time period is unlawful,” Bukhari maintained calling any commission a “temporary institution”.]]>
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			<title>Suddle Commission: SC reserves judgment over Malik Riaz’s objections</title>
			<link>https://tribune.com.pk/story/461952/suddle-commission-sc-reserves-judgment-over-malik-riaz%e2%80%99s-objections</link>
			<comments>https://tribune.com.pk/story/461952/suddle-commission-sc-reserves-judgment-over-malik-riaz%e2%80%99s-objections#comments</comments>
			<pubDate>Wed, 07 Nov 12 06:01:24 +0500</pubDate>
			<dc:creator>
				<![CDATA[our.correspondent]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=461952</guid>
			<description>
				<![CDATA[Supreme Court hears the review petition on Suddle Commission.]]>
			</description>
			<content:encoded>
				<![CDATA[The Supreme Court has reserved its judgment over Malik Riaz’s objections to appear before the commission headed by Shoaib Suddle as directed by the court on August 30.


The commission is to probe allegations against the real estate magnate and the chief justice’s son Arsalan Iftikhar of cutting illegitimate real estate deals in exchange for kickbacks.

A three-member bench headed by Justice Jawwad S Khawaja heard the petition filed by Riaz’s counsel Zahid Bukhari, who raised objections over the constitution of the bench. Bukhari maintained that the same bench which had passed the August 30 judgment should have heard this petition.

Earlier, Riaz demanded an independent commission, saying Suddle had personal ties with the chief justice and thus, shouldn’t be allowed to investigate the case.

Arsalan Iftikhar’s counsel Sardar Ishaq, however, accused Riaz of using delaying tactics for not appearing before the Shoaib Suddle commission. The court has decided to reveal its judgment later.

Published in The Express Tribune, November 7th, 2012.]]>
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			<title>SC reserves judgement in Arsalan Iftikhar review petition</title>
			<link>https://tribune.com.pk/story/461655/sc-reserves-judgement-in-arsalan-iftikhar-review-petition</link>
			<comments>https://tribune.com.pk/story/461655/sc-reserves-judgement-in-arsalan-iftikhar-review-petition#comments</comments>
			<pubDate>Tue, 06 Nov 12 15:17:51 +0500</pubDate>
			<dc:creator>
				<![CDATA[our.correspondent]]>
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			<category><![CDATA[Pakistan]]></category>
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			<description>
				<![CDATA[Supreme Court hears the review petition on Suddle Commission.]]>
			</description>
			<content:encoded>
				<![CDATA[The Supreme Court has reserved judgement on the objections raised by Zahid Bukhari, Malik Riaz Hussain’s counsel, over the three-member bench, which is hearing his review petition against the court’s August 30 judgement in the Dr Arsalan Iftikhar case.

A three-member bench of the apex court, headed by Justices Jawwad S Khawaja, Eajaz Afzal Khan and Chaudhry Ijaz Ahmad, heard the review petition filed by Riaz against the Dr Shoaib Suddle Commission, which is probing a business deal between Dr Iftikhar and Hussain.

During the hearing, Bukhari objected over the constitution of the bench as he contended that the same bench which had given the August 30 decision should hear this matter.

Sardar Ishaq, the counsel for Dr Iftikhar, alleged Riaz was using delaying tactics and he also did not appear before the Suddle commission.

The court however reserved its judgement.]]>
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			<title>Arsalan Iftikhar case: Suddle commission submits interim report to SC</title>
			<link>https://tribune.com.pk/story/451790/arsalan-iftikhar-case-suddle-commission-submits-interim-report-to-sc</link>
			<comments>https://tribune.com.pk/story/451790/arsalan-iftikhar-case-suddle-commission-submits-interim-report-to-sc#comments</comments>
			<pubDate>Mon, 15 Oct 12 11:01:21 +0500</pubDate>
			<dc:creator>
				<![CDATA[web.desk]]>
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			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=451790</guid>
			<description>
				<![CDATA[Report says commission could not meet deadline because of lack of cooperation from Malik Riaz, Interior Ministry.]]>
			</description>
			<content:encoded>
				<![CDATA[The Suddle Commission investigating the Arsalan Iftikhar case has submitted an interim investigation report in the Supreme Court on Monday explaining reasons behind the submission delay, reported Express News.

The report said that the commission could not meet its given deadline because of lack of cooperation from business tycoon Malik Riaz and the Interior Ministry. It also expressed displeasure over IG Islamabad not sending a notice to Riaz as ordered.

The commission has also asked Federal Board of Revenue (FBR) to give details of bank accounts and tax statements of all respondents in the case. In the report, the commission has also requested for 30 more days from the apex court to investigate the case further.

During the investigation, the commission had asked the Federal Investigation Agency (FIA) to provide two officials for assistance, but the agency sent an application to the Interior Ministry over the request which was turned down, the report added.

Riaz’s counsel Zahid Bukhari has been criticising the formation of the commission, headed by Shoaib Suddle, and has maintained that Suddle has family connections with Arsalan Iftikhar, son of Chief Justice Iftikhar Muhammad Chaudhry, and should not be allowed to investigate.

A two-member special bench of the court will review the commission’s report and will hear the case later today.]]>
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			<title>Malik Riaz’s counsel refuses to appear before 'biased' Suddle commission</title>
			<link>https://tribune.com.pk/story/442831/malik-riaz%e2%80%99s-counsel-refuses-to-appear-before-biased-suddle-commission</link>
			<comments>https://tribune.com.pk/story/442831/malik-riaz%e2%80%99s-counsel-refuses-to-appear-before-biased-suddle-commission#comments</comments>
			<pubDate>Wed, 26 Sep 12 14:55:51 +0500</pubDate>
			<dc:creator>
				<![CDATA[our.correspondent]]>
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			<category><![CDATA[Pakistan]]></category>
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			<description>
				<![CDATA[Zahid Bukhari says Shoaib Suddle has family relations with the chief justice.]]>
			</description>
			<content:encoded>
				<![CDATA[Advocate Zahid Bukhari, counsel of contractor Malik Riaz, on Wednesday expressed distrust over the one man inquiry commission of Shoaib Suddle probing the Arsalan Iftikhar saga and reiterated that he will not appear before it.

Talking to the media at Lahore High Court premises, Bukhari explained that the federal tax ombudsman Suddle had family relations with the Chief Justice of Pakistan, therefore, the findings of the commission could not be impartial.

“We will not appear before the commission till a decision is announced on a review petition pending before the Supreme Court against the constitution of the commission,” Bukhari told the media and added that the commission had been informed about this in writing as well.

The Supreme Court had formed the commission headed by Shoaib Suddle to probe allegations of Riaz against chief justice’s son Arsalan Iftikhar.]]>
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			<title>'Formation of Suddle commission equivalent to distorting judicial history'</title>
			<link>https://tribune.com.pk/story/434816/formation-of-suddle-commission-equivalent-to-distorting-judicial-history</link>
			<comments>https://tribune.com.pk/story/434816/formation-of-suddle-commission-equivalent-to-distorting-judicial-history#comments</comments>
			<pubDate>Tue, 11 Sep 12 07:55:46 +0500</pubDate>
			<dc:creator>
				<![CDATA[sidrah.moiz]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=434816</guid>
			<description>
				<![CDATA[Malik Riaz's counsel says might be difficult for Suddle to investigate due to his ties with CJ's family.]]>
			</description>
			<content:encoded>
				<![CDATA[With a review petition filed against the formation of an investigation commission headed by former police official Dr Shoaib Suddle, business tycoon Malik Riaz appeared at the Supreme Court along with his counsel Zahid Bukhari on Tuesday and asserted that constuting the commission was equivalent to distorting the history of the judiciary.

Speaking to the media outside the court, Bukhari said that the plea has been filed on the basis of “apprehensions” and that his counsel had reservations with Dr Suddle heading the one-man commission because of the “social and family relations Chief Justice Iftikhar Muhammad Chaudhry and the police official enjoy.”

He said, “The chief justice was invited to Suddle’s son’s valima ceremony, while Dr Suddle was a ‘special guest’ at Dr Arsalan Iftikhar’s wedding. This goes to show the ties between both the families.”

“What else do you call family relations?” questioned Bukhari, while further saying that Riaz was invited by neither Suddle nor Justice Chaudhry.

He posited that it might be a “tough job” for Suddle to carry out investigations.

Riaz’s counsel, while stating that the commission was constituted when the case was in its final stages, said that Riaz’s family was being drawn in without any reason. “Arrest warrant was issued for Ali Ahmed Riaz, while the property seized was that of Bahria Town – is this how justice is done?”

“You cannot leave someone remedy-less, where should Malik Riaz go for justice?”

Bukhari said that the formation of the commission was illegal and that it will give other’s a chance to quote this case when “they are not satisfied with a certain individual or organisation investigating their case.”]]>
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			<title>Malik Riaz refuses to appear before Suddle commission</title>
			<link>https://tribune.com.pk/story/434244/malik-riaz-to-file-review-petition-against-constitution-of-suddle-commission</link>
			<comments>https://tribune.com.pk/story/434244/malik-riaz-to-file-review-petition-against-constitution-of-suddle-commission#comments</comments>
			<pubDate>Mon, 10 Sep 12 07:24:22 +0500</pubDate>
			<dc:creator>
				<![CDATA[web.desk]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=434244</guid>
			<description>
				<![CDATA[Zahid Bukhari says his client, Malik Riaz, will not be appearing before the commission for its hearings.]]>
			</description>
			<content:encoded>
				<![CDATA[Real estate tycoon Malik Riaz has refused to appear before the  inquiry commission in the Arsalan Iftikhar case, headed by former police official Dr Shoaib Suddle, his lawyer Zahid Bukhari said Monday.

Express News reported that Riaz will file a review petition in the Supreme Court on the constitution of the commission.

According to his counsel, Zahid Bukhari, Riaz will not be appearing before the commission for its hearings.

The commission, constituted on the Supreme Court’s orders, has obtained the complete record of the case from the court and the National Accountability Bureau.

Evidence will be collected from those are party in the case.

The media will be allowed to monitor the commission’s proceedings.

Once the court releases its directives, Dr Suddle will have to complete his investigation within 30 days. He will be granted the powers of a magistrate and will be able to call assistance from lawyers and deploy state machinery as needed.

The commission will launch an inquiry against Riaz, Dr Arsalan and Riaz’s son-in-law Salman Ahmed.

The commission will also probe SP Faisal Bashir and his subordinate officer’s link with Riaz along with their professional misconduct.]]>
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			<title>Arsalan Iftikhar case: Asma questions Suddle’s appointment</title>
			<link>https://tribune.com.pk/story/430946/arsalan-iftikhar-case-asma-questions-suddle%e2%80%99s-appointment</link>
			<comments>https://tribune.com.pk/story/430946/arsalan-iftikhar-case-asma-questions-suddle%e2%80%99s-appointment#comments</comments>
			<pubDate>Tue, 04 Sep 12 05:02:36 +0500</pubDate>
			<dc:creator>
				<![CDATA[our.correspondent]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=430946</guid>
			<description>
				<![CDATA[Suggests inviting Scotland Yard to probe matter.]]>
			</description>
			<content:encoded>
				<![CDATA[Leading human rights lawyer Asma Jahangir on Monday raised questions about the role of the Supreme Court regarding Dr Arsalan Iftikhar’s case.


Asma, a former president of the Supreme Court Bar Association (SCBA), also suggested inviting a Scotland Yard (metonym for the headquarters of the Metropolitan Police Service of London) team to probe the case if the country’s institutions were not deemed trustworthy by the judiciary.

Talking to reporters at the Lahore High Court premises, Asma alleged the court was not meeting the requirements of delivering justice in the case against Arsalan in the Bahria Town scandal. She also rejected the appointment of Federal Tax Ombudsman Dr Mohammad Shoaib Suddle, the officer tasked by the apex court to investigate the case, after it barred the National Accountability Bureau (NAB) from investigating the matter.  She alleged that the apex court wanted to influence the investigations, as Suddle is said to have close links with Arsalan.

“The Supreme Court should ask the Scotland Yard to conduct the investigation into Arsalan Iftikhar’s case, if it has no confidence in the national institutions,” she said. Asma pointed out that Suddle also regularly accompanied Arsalan at various events. Therefore, he could not be expected to conduct a transparent investigation into the case.

Asma said Arsalan should, however, be given the benefit of the doubt. But she also reiterated that everyone should be treated equally under the law.

Criticising the court, she said if there were any questions over the NAB’s investigation team, then it could have been changed instead of forming a new inquiry team.

Published in The Express Tribune, September 4th, 2012.]]>
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			<title>Don't trust NAB, ask Scotland Yard to probe Arsalan Iftikhar: Asma Jahangir</title>
			<link>https://tribune.com.pk/story/430633/dont-trust-nab-ask-scotland-yard-to-probe-arsalan-iftikhar-asma-jahangir</link>
			<comments>https://tribune.com.pk/story/430633/dont-trust-nab-ask-scotland-yard-to-probe-arsalan-iftikhar-asma-jahangir#comments</comments>
			<pubDate>Mon, 03 Sep 12 15:08:24 +0500</pubDate>
			<dc:creator>
				<![CDATA[our.correspondent]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=430633</guid>
			<description>
				<![CDATA[Deplores SC's decision to appoint Dr Suddle as head of one-man commission due to his closeness to Dr Iftikhar.]]>
			</description>
			<content:encoded>
				<![CDATA[Asma Jahangir, the former president of the Supreme Court Bar Association (SCBA), on Monday criticised the role of the Supreme Court and its decision to form a one member commission to further investigate the Dr Arsalan Iftikhar case, suggesting the Court instead turn to foreign investigation agencies if it did not trust state institutions.

Talking to reporters at the Lahore High Court premises, Jahangir alleged that the Supreme Court was not meeting the requirements enshrined for delivering justice in the case against Dr Arsalan Iftikhar, son of Chief Justice of Pakistan.

She also rejected the appointment of Dr Shoaib Suddle, the officer tasked by the SC to investigate the case after barring the NAB from investigating into the matter. Jahangir alleged the apex court wanted to facilitate the investigations by appointing Suddle since he enjoyed close ties with Dr Iftikhar. Suddle could therefore, not be trusted to conduct a transparent investigation.

“The Supreme Court should ask the Scotland Yard to conduct the investigation of Dr Arsalan Iftikhar case if it has no confidence in the national institutions”, she said.

She added that Suddle was also known to be a regular attendant of Dr Iftikhar’s events. Therefore, he could not be expected to conduct a transparent investigation into the case.

While maintaining that the law of benefit of doubt should be given to Dr Iftikhar, it should be treated equally for everyone.

Criticising the court’s decision, she said if there were any questions over the National Accountability Bureau’s (NAB) investigating team, then the team could have been changed instead of changing the investigating authority.

August 30, the Supreme Court had accepted a review petition against its own earlier order, appointing Federal Tax Ombudsman Dr Mohammad Shoaib Suddle as the one man-commission to probe the controversial case regarding a business deal worth Rs342 million between Dr Arsalan Iftikhar and business tycoon Malik Riaz.]]>
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			</item><item>
			<title>More equal than others</title>
			<link>https://tribune.com.pk/story/429782/more-equal-than-others</link>
			<comments>https://tribune.com.pk/story/429782/more-equal-than-others#comments</comments>
			<pubDate>Sat, 01 Sep 12 18:13:03 +0500</pubDate>
			<dc:creator>
				<![CDATA[saroop.ijaz]]>
			</dc:creator>
			<category><![CDATA[Opinion]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=429782</guid>
			<description>
				<![CDATA[Politicians, their sons are corrupt, cry foul on being prosecuted, but sons of My Lords are genetically incorruptible.]]>
			</description>
			<content:encoded>
				<![CDATA[There is a lot of talk about the volatile, unpredictable times that Pakistan lives through, although sometimes it does feel that the problem might be the exact opposite; it is too predictable. The investigation of Dr Arsalan Iftikhar’s case has been moved from NAB to a one-man commission, also given judicial power. The cynic stands vindicated once again. The initial hope or wish that Dr Arsalan’s case would be treated on a par with other high-profile cases was never very convincing. In any case, that is settled now, Dr Arsalan will not be treated as your ordinary corrupt politicians and will get what he asks for. Never mind Moonis Elahi objecting to the official/s investigating him and the Court being firm on the point that there was only one particular, honest, upright individual to conduct the investigation and if the young Chaudhry (Moonis, I mean) doesn’t like it, well tough luck. Similarly, Ali Musa Gilani complaining about those prosecuting him had no chance really. The principle seems obvious, we know that politicians and their sons are corrupt and will of course cry foul on being prosecuted, whereas the sons of My Lords (especially the Chief Justice) are genetically programmed to be incorruptible and it is only fair that they be treated differently and with more compassion. This unfortunately seems to be the situation.

The Doctor firstly objected to the joint-interrogation team (JIT) constituted to investigate the allegations against him. After which the Chairman NAB decided to dissolve the JIT and decided to probe the issue himself. However, Dr Arsalan, it seems, is hard to please and filed a review petition in Court to voice his dissatisfaction. The Court honouring his complaints has now set up a one-man commission to adjudicate. There are various implications of the decision primarily that the Court feels that no investigating agency (even if it is to be other than NAB) in the country is good enough to investigate Dr Arsalan and a special procedure needs to be adopted. This whole business of appointing commissions is a shabby one and especially the appointment of a one-man commission is unnerving.

There are broader institutional ramifications of this lack of confidence in investigating agencies. The Supreme Court, in its quest to dispense justice unfettered by legal compulsions in certain cases, is inadvertently weakening institutional credibility. A salient example of this tendency is the sending home of PCO judges without recourse to the Supreme Judicial Council, hence rendering defunct the only body empowered to terminate the employments of the judges of the superior courts (was that not what the Lawyers’ Movement was all about). It might seem a low blow to mention that many of My Lords may have been guilty twice here, firstly in having accepted PCO oaths for themselves in the past. Secondly, of doing exactly what their grievance against General Musharraf was. On a completely separate note, courage like faith when discovered late in life does seem to present boundary issues.

The suspension of the membership of members of parliament and even the sending of a prime minister home without bothering with the tedium of involving the Election Commission of Pakistan is another representative example. These examples make for serious reflection on whether the Supreme Court only despises the present federal government (which it clearly does) or is it a deeper dislike of the democratic ethos and practices themselves. The Court has now reached a point of self-righteousness where it is not prepared to leave anything important to any other institution or body, even if it requires being independent of the Constitution.

Faisal Raza Abidi is a name that it seems has become discourteous to take in the same breath as My Lord, the Chief Justice. Senator Abidi does undermine the project of those of us who are less gifted in the art of being hysteric and still want to undertake a balanced and somewhat temperate critique of the Court, yet he is impossible to ignore now. Even if Senator Abidi is to be tried and convicted of contempt due to his manner and tone, that should not in itself discredit the substance of what he says. This brings to mind an uncomfortable analogy, namely that of the letter written by Naeem Bokhari and the subsequent reference framed by the Musharraf government along those lines. Undoubtedly, Mr Bokhari did not have the reformation of the judiciary at heart or any noble motive and the subsequent manner in which the Musharraf government conducted itself was thoroughly graceless and idiotic and the lawyer community rightly resisted, and did so forcefully. Yet, when all is said and done, it does occur to one that the substance of the allegations in that reference was never really addressed or refuted at any point. Like Senator Abidi, the focus was on the way it was said rather than what was said, and the focus was completely justified at that point. The court order of restoration dealt with the procedure and the Supreme Judicial Council was never convened to probe into the allegations.

Admittedly, My Lords do not have to respond to everyone who decides to come up with frivolous accusations. Yet, the pessimist still might say that My Lord won on points, perhaps a technical knockout. My Lord does not have to give an explanation, yet one would think that with all the high-minded talk of morality and transparency he would not have a problem with silencing these slanderous, rumour-mongers once and for all. Perhaps, keeping in view the fashion of the day he can even constitute an independent commission to probe exhaustively and publicly into the allegations against him, which we already know are untrue, still it needs to be done to shut up the non-believers. In doing so, he will communicate that he has nothing to hide and become above reproach and then continue with his crusade of saving us from these corrupt politicians and lead us into a golden era of unprecedented prosperity and glory under the all powerful, ever watchful and paternal eyes of My Lords.

Published in The Express Tribune, September 2nd, 2012. ]]>
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			<title>NAB’s probe: Committee to restore watchdog’s credibility</title>
			<link>https://tribune.com.pk/story/429590/nab%e2%80%99s-probe-committee-to-restore-watchdog%e2%80%99s-credibility</link>
			<comments>https://tribune.com.pk/story/429590/nab%e2%80%99s-probe-committee-to-restore-watchdog%e2%80%99s-credibility#comments</comments>
			<pubDate>Sat, 01 Sep 12 04:35:04 +0500</pubDate>
			<dc:creator>
				<![CDATA[irfan.ghauri]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=429590</guid>
			<description>
				<![CDATA[A senior director of the bureau will head the committee.]]>
			</description>
			<content:encoded>
				<![CDATA[In an apparent move to restore the credibility of the National Accountability Bureau (NAB), after the Supreme Court castigated the institution for being biased in investigating the Arsalan Iftikhar case, chairman of the corruption watchdog has ordered an internal inquiry into the matter.


NAB Chairman Admiral (retd) Fasih Bokhari formed a three-member committee to investigate the circumstances under which adverse remarks were given by the SC against the institution in a recent judgment pertaining to the Arsalan Iftikhar-Malik Riaz case.

In its August 30 judgment, the court expressed its dissatisfaction with the Bureau for constituting a commission that included members who had an apparent bias against Dr Arsalan Iftikhar, who is accused of drawing financial benefits from real estate tycoon Malik Riaz.

The court also took exception to the fact that NAB was taking dictations from Attorney General Irfan Qadir in the investigation process.

“The three-member committee has been mandated to find lapses on the part of the Joint Investigation Team (JIT) in the case. The committee will recommend remedial measures to avoid recurrence of such a situation in future proceedings,” said a press statement issued by NAB’s media office.

A senior director of the bureau will head the committee and will look into the probe conducted by the JIT.

Chairman NAB directed the committee to submit a report within 10 days.

The committee will probe the matter with special reference to paras 21 and 25 of the detailed judgment in the said case. These paras relate to the role of members of the JIT and a police officer Faisal Bashir Memon.

Apex court’s move

In its order, the court questioned NAB’s role in the case and the two letters it addressed to the SC registrar.

The apex court has taken away the investigations from NAB and constituted a one-member commission to investigate the matter afresh. It directed NAB to hand over all available records pertaining to the case to the commission.

Published in The Express Tribune, September 1st, 2012.]]>
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			<title>Conflict of interest</title>
			<link>https://tribune.com.pk/story/428502/conflict-of-interest</link>
			<comments>https://tribune.com.pk/story/428502/conflict-of-interest#comments</comments>
			<pubDate>Thu, 30 Aug 12 16:55:38 +0500</pubDate>
			<dc:creator>
				<![CDATA[editorial]]>
			</dc:creator>
			<category><![CDATA[Editorial]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=428502</guid>
			<description>
				<![CDATA[It is hoped that no preferential treatment will be given to Dr Arsalan because of who he may be related to.]]>
			</description>
			<content:encoded>
				<![CDATA[As a result of its verdict in the Arsalan Iftikhar-Malik Riaz case, on the directives of the Supreme Court, a one-man commission has been formed to probe the corruption allegations levelled against Dr Arsalan, after taking away the case in question from the National Accountability Bureau (NAB). The Court ruled that it was not satisfied with NAB’s inquiry into the matter. After allegations were levelled against the chief justice’s son by business tycoon Malik Riaz, the chief justice had stepped down from the bench hearing the suo-motu notice over Dr Arsalan’s alleged corruption, so as to avoid a possible situation of conflict of interest. There are implications of the Court’s setting up of a commission to investigate the allegations against Arsalan Iftikhar by Malik Riaz. With due respect, the first is that the perception, even if that is not in fact the case, being given is that the son of the chief justice is being afforded special treatment. How many other litigants are treated in this manner and wouldn’t this particular case give rise to a situation where those involved in other but similar cases could expect such a concession? Furthermore, the fact that the bench expressed disapproval of NAB’s investigations and directed that a commission be set up, indicates quite clearly that it is dictating the investigation of the allegations, despite there being a clear conflict of interest, since the main accused happens to be the chief justice’s son.

If the Court was not satisfied with NAB’s investigation in Dr Arsalan’s case, it could have asked it to work more diligently instead of taking the case away from it altogether, or it could have asked the government to hand it to another investigating body. The argument here could also be that what of those others whose cases pertaining to allegations of corruption or impropriety are pending before a superior court. Can they also expect to be afforded such treatment? The judiciary’s task is not to investigate cases itself, unless in the most pressing of circumstances where the public interest is served and when no situation pertaining to a conflict of interest exists. All institutions have to perform their duties within their requisite mandate. It is hoped that justice will be served in Dr Arsalan’s case and no preferential treatment will be given to him because of who he may be related to.

Published in The Express Tribune, August 31st, 2012.]]>
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			<title>Shoaib Suddle to probe Arsalan Iftikhar case</title>
			<link>https://tribune.com.pk/story/428417/arsalan-case-sc-revokes-nabs-investigative-authority-rules-to-form-commission</link>
			<comments>https://tribune.com.pk/story/428417/arsalan-case-sc-revokes-nabs-investigative-authority-rules-to-form-commission#comments</comments>
			<pubDate>Thu, 30 Aug 12 05:27:58 +0500</pubDate>
			<dc:creator>
				<![CDATA[azam.khan]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=428417</guid>
			<description>
				<![CDATA[Court rules it was not satisf­ied with NAB's inquir­y; only commis­sion will contin­ue to probe into the scandal.]]>
			</description>
			<content:encoded>
				<![CDATA[Taking away investigative authority from National Accountability Bureau (NAB) in the financial impropriety case against Dr Arsalan Iftikhar, the Supreme Court on Thursday directed former police official Shoaib Suddle to probe into the scandal as a one-man commission, Express News reported.

Once directives are released, the commission will have to complete the investigation within a period of 30 days.

According to the Supreme Court’s ruling, Suddle will be given the power of a judge and will also be able to take assistance from lawyers.

The court said it was satisfied with the report Suddle had compiled in the Nato containers’ case and termed his findings as “commendable”.

The commission will launch an inquest against business tycoon Malik Riaz, Dr Arsalan and Riaz’s son-in-law Salman Ahmed.

Accepting Dr Arsalan's review petition, the court ruled that it was not satisfied with NAB's inquiry and that only the commission will continue to probe into the scandal.

The Supreme Court (SC) on Tuesday had reserved its judgment on Chief Justice Iftikhar Muhammad Chaudhry’s son Dr Arsalan's review petition challenging its June 14 order relating to allegations of a business deal between him and real estate tycoon Malik Riaz.

The ruling had empowered the attorney general to act in accordance with the law and bring all culprits to the book.

Following Arsalan’s objections on the Joint Investigation Team (JIT) members, NAB Chairman Bukhari had dissolved the team and decided to probe the matter himself.

However, Arsalan took the matter back to the court, arguing that AG Qadir did not act in accordance with the court’s verdict and referred the matter to NAB with mala fide intention, since he was biased against CJ Chaudhry. His second grievance was over NAB Chairman Bukhari’s daughter being an employee of Malik Riaz, who enjoyed a close relationship with Bukhari.

Following media reports that Dr Iftikhar had received between Rs300 and Rs400 million from Riaz to influence judicial proceedings, the chief justice had taken suo motu notice and had summoned him and Bahria Town’s chief.

Attorney general summoned

The Supreme Court summoned Attorney General Irfan Qadir for his rude conduct with the judges during the hearing of the Arsalan Iftikhar case.

The “allegations against the attorney general are not frivolous or without substance but are supported by judicial record,” held the apex court in its judgement released on Thursday.

“The office shall, therefore, create a file and issue notice to the attorney general,” read the court judgement. The court also turned down the submission of Zahid Bukhari, counsel for Malik Riaz Hussain, in favour of attorney general and observed that it is based on a misconception of established legal norms.

The court’s judgement also held that it is disturbing to see that the attorney general, transgressing his limits, chose to write an objectionable letter to the NAB chairman and adopted a surprising and unusual conduct with the court during the hearing of the case.

‘I am a citizen of Pakistan, regardless of being someone’s son’

Speaking on the premises of the Supreme Court, Dr Arsalan said, “I am a citizen of Pakistan, regardless of having a relationship with anyone or being someone’s son. I also have the right to Article 10 (A) of the Constitution.”

He said that the annexures in his review petition “spoke volumes of the bias and prejudice” he felt in the probe done by NAB.

“Since day one, the only contention we have had is that we want free, fair and transparent investigation. We came to the court to seek  judiciary’s assistance as we have always submitted to the majesty of the court.”

He added, “In my review petition, I had pleaded that the inquiry should be transferred to a judicial forum, be it a retired judge or anyone else.”]]>
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			<title>SC reserves judgement in Arsalan Iftikhar case</title>
			<link>https://tribune.com.pk/story/427287/sc-reserves-judgement-in-arsalan-iftikhar-case</link>
			<comments>https://tribune.com.pk/story/427287/sc-reserves-judgement-in-arsalan-iftikhar-case#comments</comments>
			<pubDate>Tue, 28 Aug 12 09:45:46 +0500</pubDate>
			<dc:creator>
				<![CDATA[sidrah.moiz]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=427287</guid>
			<description>
				<![CDATA[Dr Iftikhar says he wants a transparent investigation which is “as clear as glass”.]]>
			</description>
			<content:encoded>
				<![CDATA[The Supreme Court of Pakistan reserved judgement in the financial impropriety case against Dr Arsalan Iftikhar on Tuesday and stated that a verdict will be announced in a day or two, Express News reported.

A two-member bench headed by Justice Jawad S Khwaja heard the case today.

Following media reports that Dr Iftikhar had received between Rs300 and Rs400 million from Riaz to influence judicial proceedings, the chief justice had taken suo motu notice and had summoned him and Bahria Town’s chief.

Dr Iftikhar’s counsel, Sardar Ishaq, while presenting his arguments before the court said that business tycoon Malik Riaz is an influential person in Islamabad.

Ishaq requested the court that a judge should be tasked to inquire about the allegations levelled against his client. Taking a jibe at Ishaq’s statement, Justice Khilji Arif Hussain said that if Ishaq did not trust anyone, should the court then call someone from abroad.

Responding to Justice Hussain’s remark, Ishaq said that the National Accountability Bureau (NAB) is an objective organization, but the chairman of NAB cannot carry an impartial investigation.

I want transparent investigation: Dr Iftikhar

Speaking to the media on the premises of the Supreme Court, Dr Iftikhar said he wanted a transparent investigation which is “as clear as glass”.

Complaining about the joint investigating team in the case, Dr Iftikhar said that he had concerns regarding how the team was constituted and how the members were selected.

Dr Iftikhar said that the way Riaz’s son-in-law, Salman Ahmed, had sent out a text message claiming that he was facing security threats in Pakistan was incorrect and that he did not “even recognise Ahmed by face.”

‘Only NAB can hear the case’

Riaz’s counsel Zahid Bukhari said that lawfully, only NAB can hear the case, as all the financial impropriety cases are investigated by the bureau.]]>
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			<title>Ward of the Court</title>
			<link>https://tribune.com.pk/story/420805/ward-of-the-court</link>
			<comments>https://tribune.com.pk/story/420805/ward-of-the-court#comments</comments>
			<pubDate>Sat, 11 Aug 12 17:27:24 +0500</pubDate>
			<dc:creator>
				<![CDATA[saroop.ijaz]]>
			</dc:creator>
			<category><![CDATA[Opinion]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=420805</guid>
			<description>
				<![CDATA[Treating of Dr Arsalan as ward of the court should stop, would actually farther independence, neutrality of Court.]]>
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				<![CDATA[Finally, all of us can go to sleep in peace with the newly acquired knowledge that My Lord, the Chief Justice remains vigilant as ever to ensure that no vulgarity slips through the cracks on our television channels on his watch and the Pemra chief can no longer slack in his duties. My Lord, with customary wisdom, has observed that there are certain programmes and advertisements that one finds unbearable to watch alongside with the family. This exercise of the “paternal” jurisdiction of the court and the fact that the Chief Justice is a “family man” is infinitely comforting. It might be interesting to mention that My Lord is not always the brilliant, stoic, sober statesmanlike, paragon of justice and has a human, lighter side to his personality as well as indicated by his remarks in court that the parodies of politicians are in “good humour” and “are enjoyed”.

As we swoon in relief on the consolation of being under the eternal, paternal gaze of My Lord, one is also conscious of a slight unease. Dr Arsalan Iftikhar is hard to banish from the mind. The latest, although unconfirmed news report about Dr Arsalan using the address of the Chief Justice House for commercial purposes is unnerving to say the least. One sincerely hopes that the unconfirmed report is a complete fabrication. Nevertheless, many other questions still remain regarding the Young Doctor. What serious person has not indulged in some juvenile frolics behind their parents’ back at one time or another, however, Master Arsalan seems to have taken this mischievous streak of youthfulness well into his adulthood. Whatever other sterling virtues that he may possess, staying out of trouble is not one of them. The core of the infamous letter written in 2007, which later formed the substantial part of the chargesheet levelled against the Chief Justice pertained to him. No one, not even the malicious General (retd) Pervez Musharraf could find anything to accuse My Lord and it was only Dr Arsalan who proved to be the weak link.

The delinquent first-born male offspring has been the undoing of great men in history more times than by foreign armies or thousands protesting in the streets. Let us solemnly hope that this does not happen. There is one way to make sure of that, namely to put the case of Dr Arsalan on the fast track (like the NRO case, perhaps) and in full public light. I am convinced to a moral certainty that the Court is completely unbiased in this matter, yet even natural delays give rise to whispers and as My Lords will be well aware that whispers tend to damage the perception of neutrality. As a suggestion, this case can proceed on the same pace as the Prime Minister’s contempt case, Malik Riaz’s contempt case and the Ephedrine case. Our media does not seem to bring this up because of a fear of contempt. Master Arsalan, though deserving of our affection, is not protected by any laws of contempt. We, as a nation, are fairly generous in ascribing paternity/maternity to individuals, e.g., Dr Afia Siddiqui is “qaum ke beti”, I for the moment forget if Ajmal Kasab was a “qaum ka beta” or not. In any event, Dr Arsalan is not the “son of the judiciary”, he is an accused entitled to the presumption of innocence and not protected from fair questions. The treating of Dr Arsalan as a ward of the court should stop and would actually farther the objective of independence and more importantly the perception of neutrality of the Court. There is no allegation against My Lord and he, I am sure, has nothing to hide. I see no reason why his case should have any less attention or probing than Malik Riaz, Ali Musa Gilani or Raja Pervaiz Ashraf.

The Contempt of Court Act was not entirely thought through and perhaps, got the treatment it deserved. However, as always, the action on the periphery was more fascinating than the final verdict. My Lords began by inquiring into the motivation or the good faith of Parliament in passing that law. Surely, a mistake has been made, it would be naïve and discourteous to assume that My Lords would not be aware of the principle that no mala fide can be attributed to Parliament since it would be equal to attributing malice to the will of the people. Parliaments pass silly and unjust laws and some of those laws are sometimes rightly struck down by courts as being unconstitutional, yet the question of motive is not a relevant consideration. One of his Lordships then proceeded to comment on the conduct of the opposition and gave an admirable tutorial on how the opposition should not have walked out and protested inside Parliament. This came, from perhaps, the finest judge in the country and I am in no doubt that he was driven by the best of intentions and had the reformation of our parliamentary system at heart, yet a line was clearly crossed. The Court can declare laws as unconstitutional, hold people in contempt and hyper-technically, arguably send Prime Ministers home but what they cannot do is to instruct or demean the manner in which parliamentarians debate or choose not to debate matters in Parliament. That conduct is adjudged and weighed by the people.

With the amount of talk on the “independence” (useful to remember not interchangeable with “objectivity”) and contempt of the Judiciary, there is perhaps, a small case to be made for the independence of Parliament and how some things could be contemptuous to Parliament. All members of Parliament (government and opposition) should protest at this sermonising and infringement into their domain. It would be futile to complain much about the impending, inevitable contempt of court hearing of the Prime Minister as that seems to be settled but is it too much to ask that the case of Dr Arsalan, the Asghar Khan petition and the summoning of the DG FC also be accorded a fraction of the attention, I think not.

Published in The Express Tribune, August 12th, 2012.]]>
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			<title>Investigations of Arsalan Iftikhar case put on halt, insists Riaz's counsel</title>
			<link>https://tribune.com.pk/story/419775/investigations-of-arsalan-iftikhar-case-put-on-halt-insists-riazs-counsel</link>
			<comments>https://tribune.com.pk/story/419775/investigations-of-arsalan-iftikhar-case-put-on-halt-insists-riazs-counsel#comments</comments>
			<pubDate>Thu, 09 Aug 12 15:36:36 +0500</pubDate>
			<dc:creator>
				<![CDATA[web.desk]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=419775</guid>
			<description>
				<![CDATA[Zahid Bukhari denies rumours about investigations still being in progress.]]>
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				<![CDATA[Zahid Bukhari, attorney of business tycoon Malik Riaz in the Arsalan Iftikhar case, said that the investigations of the case have been put to a halt, reported DawnNews on Thursday.

The report stated that Bukhari denied rumours about investigations still being in progress and said that Chief Justice Iftikhar Muhammad Chaudhry’s son Arsalan Iftikhar has still not appeared before NAB’s investigation committee.

According to Bukhari, his client Riaz has already raised the issue with the Supreme Court that the investigations should not have been stopped, and complained that investigations have not begun despite the removal of controversial members from the team.

Earlier this month, the National Accountability Bureau (NAB) dissolved the Joint Investigation Team (JIT) which was tasked to probe the case after Dr Arsalan Iftikhar raised objections over some of the team members not being totally free of bias.

NAB Prosecutor General KK Agha had informed the apex court that the decision of dissolving the bureau’s special team was made after consultations with the chairman of NAB.]]>
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			<title>CJ’s official residence never used for business: Arsalan</title>
			<link>https://tribune.com.pk/story/419032/cj%e2%80%99s-official-residence-never-used-for-business-arsalan</link>
			<comments>https://tribune.com.pk/story/419032/cj%e2%80%99s-official-residence-never-used-for-business-arsalan#comments</comments>
			<pubDate>Wed, 08 Aug 12 05:02:31 +0500</pubDate>
			<dc:creator>
				<![CDATA[our.correspondent]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=419032</guid>
			<description>
				<![CDATA[Dr Arsalan also denies allegations of holding a foreign account in his own name, or someone else’s.]]>
			</description>
			<content:encoded>
				<![CDATA[Days after a fresh round of allegations of financial impropriety was levelled by a lawmaker from the ruling Pakistan Peoples Party (PPP), Dr Arslan Iftikhar, son of Chief Justice Iftikhar Muhammad Chaudhry denied the allegations, saying some media managers were using him as a tool to conspire against the chief justice. 


“I, the son of Chief Justice Iftikhar Muhammad Chaudhry, since June 2005, confirm and consequently condemn that the official residence of the Chief Justice of Pakistan was/has never been utilised for any commercial purpose and/or financial gain,” said Arslan in a letter sent to media on Tuesday.

He also denied the allegations of holding a foreign account in his own name, or someone else’s.

Arslan said the office premises, the accommodation as well as the transport used by him were on rent and he had no property/asset in Pakistan/abroad. Earlier on Sunday, PPP’s Senator Faisal Raza Abidi had alleged that Arslan was using the official residence of the chief justice as his business address.

Abidi demanded resignation from the chief justice but his party not only disowned the views but also sought an explanation for holding such a press conference at central secretariat of the party. “This is to refute, contradict and vociferously deny the allegations leveled by some delinquent elements ‘operating’ in the print and electronic media as well as some political persons who are endeavoring to malign, ridicule and make controversial the personality of the honourable Chief Justice of Pakistan,” the letter said.

In order to substantiate his point, Arslan said that “this fact is verified from the service/contractual agreements entered into with multinational and local corporate organisations in Pakistan. The said fact is also evident from the tax challans/income tax returns duly submitted with the Federal Board of Revenue.”

Giving detailed account of his business, the letter said that the M/s FAE (Pvt.) Limited was incorporated on February 4, 2010 with its registered office at 97 A/3, Gulberg III, Lahore.

“And it is categorically stated that no account of M/s. FAE (Pvt.) Limited was opened or has anything to do with the residence of the Chief Justice of Pakistan,” the letter stated.

However, the letter added that F&amp;A Enterprises is a relatively older commercial concern which was established in the year 2004 in Quetta.

In 2008, during the deposed-state of the chief justice, the address for the delivery of bank statement of this sole proprietorship concern was given as that of the house of my father.

“Needless to state that I was, until recently when I was asked to shift out of the official residence by my father, staying at the said official residence, which prerogative I doubt that I did not have and which right any media manager can take away at the behest of those trying to conspire against the worthy chief justice of Pakistan and using me as the tool,” Arslan said.

“Be that as it may, the prompted opponents might be disappointed to know that since January 2012, the address for the delivery of the bank statement was changed to 97 A/3, Gulberg III, Lahore,” the letter added. The letter also defended the company and its business, saying “the clients of our companies are undertaking lawful and genuine business/service transactions with almost all blue chip organisations operating in the telecommunications and financial sector of the country. And, had even one transaction been of suspicion then obviously the mighty opponents would have ensured an engineered probe into the same.”

“All payments received in favour of the company are through cross cheque (as prescribed by Pakistan law) and are also duly recorded with the FBR on which subsequently income tax is paid as due under the income tax ordinance,” the letter added.

Published in The Express Tribune, August 8th, 2012.]]>
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			<title>Under court order: JIT probing Arsalan case dissolved</title>
			<link>https://tribune.com.pk/story/416901/under-court-order-jit-probing-arsalan-case-dissolved</link>
			<comments>https://tribune.com.pk/story/416901/under-court-order-jit-probing-arsalan-case-dissolved#comments</comments>
			<pubDate>Fri, 03 Aug 12 04:45:26 +0500</pubDate>
			<dc:creator>
				<![CDATA[qaiser.zulfiqar]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=416901</guid>
			<description>
				<![CDATA[Zahid Bukhari’s request to direct lower courts to stop hearing cases against real estate tycoon rejected.]]>
			</description>
			<content:encoded>
				<![CDATA[The National Accountability Bureau (NAB) on Thursday dissolved the Joint Investigation Team (JIT) which was tasked to probe the allegations of under-the-table deals between the chief justice’s son Dr Arsalan and real estate tycoon Malik Riaz.


In reference to the Supreme Court’s earlier stay order on the investigation, NAB Prosecutor General KK Agha informed the two-judge bench, comprising Justice Jawwad S Khawaja and Justice Khilji Arif Hussain, that the decision of dissolving the bureau’s special team was made after consultations with the chairman of NAB.

“The close connection of Rural Superintendent Police (SP) Faisal Bashir Memon was proved right while investigating Dr Arsalan’s apprehensions over the JIT,” Agha said. “The bureau does not doubt the credibility of Memon but it is for the greater good that we form a new investigation team.”

Chief Justice Iftikhar Muhammad Chaudhry’s son Dr Arsalan Iftikhar had filed a review petition against the court’s earlier order, which directed the Attorney General (AG) Irfan Qadir to set state machinery in motion to probe the alleged financial transactions between Riaz’s son-in-law and Dr Iftikhar.

Dr Arsalan’s counsel Sardar Ishaq had argued an inherent bias on part of the investigators since the inquiry team included SP Memon, who had served as Malik Riaz’s security guard during his appearance before the apex court.

Ishaq had also argued that the AG had a personal vendetta against the chief justice and was biased against his client, citing an earlier letter written by Qadir to NAB’s chairman.

During the proceedings, Riaz’s counsel Zahid Bukhari requested the bench to direct the lower courts to stop hearing cases of his client until the matter was decided in the Supreme Court.

“Because of this case, lower courts are expeditiously hearing cases against my client [Riaz],” complained Bukhari. However, Justice Khawaja rejected the plea.

Meanwhile, Justice Hussain expressed shock over the four weeks protective bail granted to the real estate tycoon by the Sindh High Court.

“How did he manage to get four weeks protective bail,” asked Justice Khilji to which Bukhari replied: “If it was Punjab, we would have never been able to get the bail”.

Later the court maintaining the status quo, adjourned the case for two weeks.

Published in The Express Tribune, August 3rd, 2012.]]>
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			<title>Please, My Lords, make haste</title>
			<link>https://tribune.com.pk/story/416533/please-my-lords-make-haste</link>
			<comments>https://tribune.com.pk/story/416533/please-my-lords-make-haste#comments</comments>
			<pubDate>Thu, 02 Aug 12 17:19:58 +0500</pubDate>
			<dc:creator>
				<![CDATA[kamran.shafi]]>
			</dc:creator>
			<category><![CDATA[Opinion]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=416533</guid>
			<description>
				<![CDATA[People are alleging that ball has been kicked into tall grass by SC in hopes Arsalan Iftikhar case will be forgotten.]]>
			</description>
			<content:encoded>
				<![CDATA[I must start by a short comment on Feisal H Naqvi’s excellent, but heart-rending piece “The consequences of hate” (The Express Tribune, July 31). I agree absolutely with him that the direct result of engendering hate in society by those in authority had to be the brutishness towards people of a different faith that we are seeing all across the Land of the Pure today.

I might also say that there are people still, who would ask inane questions like “Well we’ve been told what is wrong with Pakistan; but no one gives any solutions”. If someone reads me half-carefully, I prescribe the solution every other week in my articles.

Let me repeat myself: The strategic geniuses who run this country’s foreign and defence policies should immediately desist from striking attitudes; they should not try to box above their weight; they should foreswear the use of terrorists as ‘assets’ in an unlikely conflict with India or Afghanistan and therefore stop mollycoddling the murderers; and, last but not least, sincerely cooperate with regional countries, yes including India and Afghanistan, in uprooting terrorism from this part of the word. For the umpteenth time let me remind them that their handiwork has, in addition to visiting great miseries on Pakistanis, completely alienated this hapless and helpless country from the rest of the world.

And now for a most unpleasant matter. I wish that this increasingly messy Arsalan Iftikhar case would never have happened: it has diverted the attention of important people from matters that are of critical import to this country, specially at this time when the American/Nato withdrawal from Afghanistan looms so very menacingly and Pakistan is about to be enveloped in the Mother of all Crises as the geniuses stumble about trying to wrest  ‘victory’ in Kabul.

Pakistan will soon get the real drift of things as the Taliban, all 57 varieties of them, turn more of their kind attentions towards this poor country, helped by their managers and handlers who live in the dark recesses of the very deep and very large bosom of our Deep State. We will experience a huge upheaval sooner than we think.

It will take all of the sagacity and all of the attention of our political leaders; our judiciary; and those sensible elements within our high Army command who might have by then understood the immensity of the problem we are faced with, to tackle it effectively. A main player in all of this is the Chief Justice of Pakistan himself. Most specially when he has bravely questioned the brutal disappear/kill and dump policies of the Deep State.

It goes without saying that the twists and turns the Arsalan case is taking are becoming a bigger and a more embarrassing tamasha by the day. One day notices to appear before NAB are not received; the next, people raise objections to the make-up of the Joint Investigation Team (JIT); the third, allegations are made that the Registrar of the SC is firing off emails to the merchandisers/hostelries where Arsalan is alleged to have spent other people’s money, and on the fourth day, the SC officially denies these reports.

This is doing no one any good: not to the majesty of the SC; not to the gentlemen who sit on its benches; not to the good Chief Justice himself, and more than anything else not to the already-battered and bleeding image of the country. Indeed, people are actually alleging that the ball has been kicked into the tall grass by the Supreme Court in the hope that the whole sordid business will soon be forgotten. As My Lords would appreciate, that is not about to happen given the unfortunate stand-off between the judiciary and the government.

It is of utmost import, therefore, to short-circuit this whole investigation business immediately to bring it to a quick conclusion. I have suggested it before peripherally, but let me say it in detail here. Let the Supreme Court immediately set up a judicial commission made up of the same three Chief Justices who looked into ‘Mammogate’. The Commission should be mandated to travel to London or Monte Carlo or Marbella or wherever young Mr Chaudhry is alleged to have done what he did, to get to the bottom of it all in double quick time. And if, as Arsalan says, he is not guilty of any wrong-doing, to declare him innocent asap.

This should not be a problem at all for the jurists I suggest because we know how quickly they came up with detailed findings; despite delving into affairs not remotely connected with the allegations of that upstanding member of US high society, Mansoor Ijaz. Such as determining how much Ambassador Husain Haqqani had spent out of the secret funds allocated to him to run the most important Pakistani embassy in the world! Indeed, with a Commission made up of the three chief justices, even the registrar of the Supreme Court will not refuse to go before it. (Well, hopefully).

I write the above as someone who has always stood for an independent, fair, impartial, and even-handed judiciary. More than that, may I repeat myself, as one who stood on the roads for months on end along with my family for the attainment of this objective during which we got harassed by goons belonging to the government in which the brand-new champion of the judiciary Shiekh Rashid ‘Tulli’ was a minister; and during which we got tear-gassed and beaten-up.

By the way, here is ‘Tulli’ being contemptuous about the CJ himself. The SC might note that this must be the nth time that I have given proof of the man’s contempt with no notice being taken. Surely contempt is not only a political tool to be used on one’s perceived nemeses?

Yes, My Lords, please make haste and immediately set up the Commission to sit in the Islamabad High Court to get us out of the sorry mess we are in. You have the power. After all, you have so recently kicked out a Prime Minister; with another counting his days.

P.S. A colossal mistake to post a retired Lt.-Gen. as defence secretary yet again. Much like shooting oneself in the groin with a 155 MM howitzer.

Published in The Express Tribune, August 3rd, 2012.]]>
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			<title>SC suspends NAB inquiry into Arslan Iftikhar case until Aug 2</title>
			<link>https://tribune.com.pk/story/415536/sc-suspends-nab-inquiry-into-arslan-iftikhar-case-until-aug-2</link>
			<comments>https://tribune.com.pk/story/415536/sc-suspends-nab-inquiry-into-arslan-iftikhar-case-until-aug-2#comments</comments>
			<pubDate>Tue, 31 Jul 12 16:36:58 +0500</pubDate>
			<dc:creator>
				<![CDATA[web.desk]]>
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			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=415536</guid>
			<description>
				<![CDATA[It also rejected the request to form a larger bench for the case.]]>
			</description>
			<content:encoded>
				<![CDATA[Supreme Court of Pakistan has suspended National Accountability Bureau’s (NAB) inquiry into the Dr Arslan Iftikhar case until August 2 and also rejected the request to form a larger bench in the case, Express News reported on Tuesday.

During today’s hearing, NAB’s Prosecutor General KK Agha stated that the court should not have issued stay order for the inquiry.

While Iftikhar’s counsel Sardar Ishaq argued an inherent bias for investigators since the inquiry team included Islamabad police official Faisal Memon, who had served as Malik Riaz’s security guard during his appearance before the apex court.

Justice Jawad S Khawaja has sought replies from interior secretary, Memon and his assistant Tahir Malik in this regard.

Earlier on July 30, Riaz had appeared before the NAB’s Joint Investigation Team and responded to a questionnaire that he was given in the previous hearing.

He, however, failed to submit any further proofs except the documents that he had filed in the Supreme Court earlier.

“Malik has been claiming dolling out over Rs230 million, but so far the documentary evidence placed shows no more than Rs10 to 15 million,” sources privy to the proceedings of JIT had told The Express Tribune.]]>
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			<title>Arsalan challenges NAB jurisdiction, writes new letter to chairman</title>
			<link>https://tribune.com.pk/story/413244/arsalan-challenges-nab-jurisdiction-writes-new-letter-to-chairman</link>
			<comments>https://tribune.com.pk/story/413244/arsalan-challenges-nab-jurisdiction-writes-new-letter-to-chairman#comments</comments>
			<pubDate>Thu, 26 Jul 12 08:19:12 +0500</pubDate>
			<dc:creator>
				<![CDATA[sunara.nizami]]>
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			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=413244</guid>
			<description>
				<![CDATA[Arsalan Iftikhar says he did not get first notice, NAB interpreted absence wrongly in second notice.]]>
			</description>
			<content:encoded>
				<![CDATA[Arsalan Iftikhar, Chief Justice Iftikhar Muhammad Chaudhry’s son, has challenged the jurisdiction of the National Accountablity Bureau (NAB) and the joint investigation team (JIT) in his case that was handed over to the NAB by Attorney General Ifran Qadir, Express News reported on Thursday.

While speaking to the media outside the NAB headquarters, Arsalan expressed “strong legal reservations” against the juridiction of both investigation teams that were conducting his investigation.

He said that the matter was sub-judice and refrained from commenting on it but gave details regarding him not appearing before NAB as per the notice issued to him.

“I just came here today to clarify that I did not  get the notice and you (NAB)  interpreted it (my absence) wrongly in the second one,” said Arsalan.

He said that he had twice, through his counsel, written letters to the NAB but had not received a reply, adding that he had written another one today to NAB Chairman Faseeh Bukhari.

Upon being asked about his statement which says JIT and NAB are “biased”, Arsalan said that he had given reasons for such a statement in his letter submitted today, adding that he had a right to refute allegations.

“I have certain fundamental legal rights under Article 10-A of the Constitution and I have given my statements in the Supreme Court where I strongly refute them,” he said.

Answering claims of alleged harrassment on his part, Arsalan laughed and asked the media personnel whether he looked like someone who was capable of doing such a thing.

On specualtions that the JIT’s issuance of a notice to the Supreme Court registrar was an attempt at involving the chief justice in the matter, Arsalan refrained from commenting but hinted at the Malik Riaz interview.

“I cannot comment on this but you know this has some background, some media leakages, some planted things,” said Arsalan, adding, “the drama has many actors, directors and producers. You’ll find out when the time comes.”]]>
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			<title>Arsalan Iftikhar case: NAB summons for SC registrar questioned</title>
			<link>https://tribune.com.pk/story/413106/arsalan-iftikhar-case-nab-summons-for-sc-registrar-questioned</link>
			<comments>https://tribune.com.pk/story/413106/arsalan-iftikhar-case-nab-summons-for-sc-registrar-questioned#comments</comments>
			<pubDate>Thu, 26 Jul 12 04:54:38 +0500</pubDate>
			<dc:creator>
				<![CDATA[our.correspondent]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=413106</guid>
			<description>
				<![CDATA[Court says it will look into NAB request as it concerns the SC.]]>
			</description>
			<content:encoded>
				<![CDATA[A two-judge apex court bench expressed its surprise on Wednesday over the National Accountability Bureau's (NAB) move to summon Registrar of the Supreme Court Dr Faqir Hussain in connection with a graft case involving Dr Arsalan Iftikhar, Malik Riaz and Riaz’s son-in-law Salman Khan.


The bench, comprising Justice Jawwad S Khawaja and Justice Khilji Arif Hussain, questioned why the registrar had been summoned by NAB when the case had nothing to do with him.

Sardar Ishaq, counsel for Arsalan Iftikhar, reiterated earlier claims that the case was part of the propaganda campaign to malign the apex court. On the other hand, Zahid Bokhari, the counsel for Malik Riaz, told the court that it should not be considered a controversy between Malik Riaz and the Supreme Court, but strictly a matter between Riaz and Arsalan.

The court observed that it would look into the matter as the registrar’s summoning concerned the court, while asking Arsalan’s lawyer to confine himself to his case.

Arsalan Iftikhar, son of Chief Justice Iftikhar Chaudhry, filed a petition in the Supreme Court on June 13 to review the court’s decision in the suo motu notice pertaining to allegations against him. Ishaq read out the petition which showed Arsalan’s mistrust in Attorney General Irfan Qadir and the NAB’s investigation team. He said that the attorney general had misinterpreted the court’s verdict and the team formed by NAB was illegal.

Ishaq asked the court to appoint a retired judge of the superior courts or a retired bureaucrat to head the inquiry in the case, adding that NAB, FIA and Islamabad police were all under the influence of Malik Riaz or Rehman Malik.

Arsalan’s counsel went on to add that Riaz’s son-in-law Salman Khan is due to appear before NAB’s Joint Investigation Team probing the Arsalan Iftikhar-Malik Riaz case.

On the request of Zahid Bokhari, the court adjourned the case till Thursday (today).

Published in The Express Tribune, July 26th, 2012. ]]>
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			<title>Arsalan Iftikhar case: SC questions NAB's summons for apex court registrar</title>
			<link>https://tribune.com.pk/story/412960/arsalan-iftikhar-case-sc-questions-nabs-summons-for-apex-court-registrar</link>
			<comments>https://tribune.com.pk/story/412960/arsalan-iftikhar-case-sc-questions-nabs-summons-for-apex-court-registrar#comments</comments>
			<pubDate>Wed, 25 Jul 12 17:28:07 +0500</pubDate>
			<dc:creator>
				<![CDATA[azam.khan]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=412960</guid>
			<description>
				<![CDATA[NAB had summoned the Supreme Court Registrar in connection with Arsalan Iftikhar graft case.]]>
			</description>
			<content:encoded>
				<![CDATA[A two-judge special bench comprising Justice Jawwad S Khawaja and Justice Khilji Arif Hussain hearing Bahria Town related cases expressed its surprise over National Accountability Bureau’s (NAB) decision to summon the Registrar of the Supreme Court Dr Faqir Hussain in a controversy between Dr Arsalan, Malik Riaz and his son in law Salman Khan.

Justice Jawwad asked that since the matter is among those three persons, why was the apex court registrar was being called up by NAB?

Sardar Ishaq, counsel for Arsalan Iftikhar, son of the Chief Justice of Pakistan, reasoned that NAB’s actions were part of a propaganda campaign by Malik Riaz to malign the apex court.

Zahid Bokhari, the counsel for Malik Riaz, said that it should not be considered a controversy between Malik Riaz and Supreme Court, rather it was a matter between Riaz and Arsalan. The court remarked that it will look into this matter as the Registrar’s issue was related to this court and asked Arsalan’s lawyer to confine himself to his case.

Arsalan had earlier filed a petition seeking a review of court’s June 14 order in the suo motu notice of allegations against him. Sardar Ishaq read out his review petition before the court and he also read out the attorney general’s subsequent letter and said that he actually misinterpreted the Supreme Court’s order and started interference in the independent investigation of an independent apex accountability body, NAB. He pointed out that Attorney General has also sought a fortnightly report on the matter. He further argued that the Attorney General had also settled mode of investigation that betrayed his biasness.

The petition alleged that there is no provision in the NAB Ordinance under which NAB authorities can take action and there is no provision that would authorise the NAB chairman to constitute and select members of such a Joint Investigation Team (JIT) on the direction of attorney general.

The court also expressed its concern over the language used by Zahid Bokhari for judges. In his statement, the Attorney General said that all judges of the country are working independently under the supervision of the Chief Justice.

Expressing mistrust in the Attorney General Irfan Qadir, Sardar Ishaq asked the court instead of NAB, FIA or Islamabad Police that all are working under the influence of Malik Riaz or Rehman Malik and that a retired judge of the superior judiciary or a retired bureaucrat of grade 22 should be tasked to conduct an inquiry into the case.

On June 14, the bench had asked Qadir to investigate the case revolving around allegations of a business deal between property tycoon Malik Riaz and Arsalan Iftikhar. Qadir had written a letter to the NAB chairman asking Chairman NAB to conduct an investigation into the case referring the court orders in this regard.

Sardar Ishaq told the court that NAB chairman was reluctant to probe the issue, claiming that the matter did not come under NAB’s ambit. Later, on the orders of the attorney general, a joint investigation team was constituted for an investigation. “In response to this move, I wrote a letter to the NAB chairman warning him not to become a puppet in the matter but he did not reply my letter and instead held a press conference where he criticised the contents of the letter,” Sardar Ishaq informed the court. He said that JIT is due to travel to the UK to record Salman Khan's statement.

Bukhari objected over court’s hearing, questioning why was the case being heard at a late hour. He also claimed that media persons and lawyers were not happy with court’s long hour hearings. However, the lawyers and journalist stood up from their seats and rebutted Bokhari’s claim.

Arsalan mentioned Qadir’s profile and history of his cases announced by the Supreme Court against his illegal appointments and alleged that Qadir was biased due to his rivalry with his father, the Chief Justice.

On the request of Zahid Bokhari, the court adjourned the case till Thursday.]]>
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			</item><item>
			<title>Arsalan Iftikhar case: SC asks NAB, attorney general for statements</title>
			<link>https://tribune.com.pk/story/412688/arsalan-iftikhar-case-sc-asks-nab-attorney-general-for-statements</link>
			<comments>https://tribune.com.pk/story/412688/arsalan-iftikhar-case-sc-asks-nab-attorney-general-for-statements#comments</comments>
			<pubDate>Wed, 25 Jul 12 04:53:11 +0500</pubDate>
			<dc:creator>
				<![CDATA[our.correspondent]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=412688</guid>
			<description>
				<![CDATA[Iftikhar’s counsel says attorney general has personal vendetta against the CJ.]]>
			</description>
			<content:encoded>
				<![CDATA[Hearing the Arsalan Iftikhar-Malik Riaz graft case on Tuesday, a two-member apex court bench asked Attorney General Irfan Qadir and NAB prosecutor general to submit their statements in the case by Wednesday (today).


Arsalan Iftikhar, son of Chief Justice Iftikhar Muhammad Chaudhry, had filed a review petition against the court’s earlier order, which directed the attorney general to set state machinery in motion to probe the alleged financial transactions between real estate tycoon Malik Riaz’s son-in-law and Arsalan Iftikhar.

During the proceedings, Iftikhar’s counsel, Sardar Ishaq, said the attorney general had a personal vendetta against the chief justice and was biased against his client, citing a letter written by Irfan Qadir to the National Accountability Bureau (NAB) chairman.

Ishaq went on to add that despite Arsalan’s concerns, NAB did not bring the inquiry to a halt, saying a campaign to malign the chief justice’s family was still underway.

A bench comprising Justice Jawwad S Khawaja and Justice Khilji Arif Hussain heard the case. Referring to a controversial press conference held by Malik Riaz, in which he accused the chief justice of meeting him numerous times in the “dead of the night”, Justice Jawwad S Khawaja observed that even though the court was maligned, God was the ultimate authority on honour and disgrace.

The bench and Attorney General Irfan Qadir exchanged barbs momentarily when Qadir said he was surprised that the court had asked him to sit for three hours when it was intending to adjourn the case for tomorrow. Justice Jawwad replied saying the bench was equally amazed at how the attorney general’s legal team worked. The court asked the attorney general to submit his letter in the office of the court as per set procedure and adjourned the case.

Published in The Express Tribune, July 25th, 2012.]]>
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			<title>Arsalan Iftikhar and NAB</title>
			<link>https://tribune.com.pk/story/412492/arsalan-iftikhar-and-nab</link>
			<comments>https://tribune.com.pk/story/412492/arsalan-iftikhar-and-nab#comments</comments>
			<pubDate>Tue, 24 Jul 12 18:28:16 +0500</pubDate>
			<dc:creator>
				<![CDATA[editorial]]>
			</dc:creator>
			<category><![CDATA[Editorial]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=412492</guid>
			<description>
				<![CDATA[He has to answer for his misdeeds and his stonewalling is merely delaying the inevitable.]]>
			</description>
			<content:encoded>
				<![CDATA[The crux of the Supreme Court’s cases against various PPP leaders has been the unassailable assertion that no one should be above the law, no matter how powerful they are. By not appearing before the National Accountability Bureau (NAB), Arsalan Iftikhar, the son of Chief Justice Iftikhar Chaudhry, has now gifted the PPP with the same argument. Arsalan contends that he did not receive any summonses from NAB, an excuse that will not wash, since all he had to do was pick up a newspaper to know that he was expected to appear before the body. Arsalan seems like the typical son of privilege, a man who has sailed through life by using his father’s name. He has to answer for his misdeeds and his stonewalling is merely delaying the inevitable.

At the same time, the PPP will have to ensure that it does not stand accused of the very same allege crime, which it has levelled against the Supreme Court: that it is out on a witch hunt. Obviously, NAB’s investigation into Arsalan’s case was ordered by the attorney general on the Court’s orders and so was not officially initiated by the PPP. But there are many whispers that the PPP had first leaked the story of Arsalan’s alleged transactional relationship with Malik Riaz to the press. The best thing the government can do is to let the process play itself out without involving itself in it. A transparent investigation and trial of whose fairness there can be no doubt about is the only way to wrap up this matter.

Accountability bodies, from Nawaz Sharif’s Ehtesab Bureau to NAB under General (retd) Pervez Musharraf, have usually been used as a cudgel against opposition figures. The PPP, to some extent, has avoided falling into the same trap. It should not succumb to the temptation of using NAB against the chief justice’s son and it should certainly not favour Riaz, who is just as guilty as Arsalan if the charges are found to be true. Helping the PPP in its struggle against the judiciary should not automatically grant Riaz a get-out-of-jail-free card.

Published in The Express Tribune, July 25th, 2012.]]>
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			<title>Probing charges: NAB issues another notice to Dr Arsalan</title>
			<link>https://tribune.com.pk/story/412296/probing-charges-nab-issues-another-notice-to-dr-arsalan</link>
			<comments>https://tribune.com.pk/story/412296/probing-charges-nab-issues-another-notice-to-dr-arsalan#comments</comments>
			<pubDate>Mon, 23 Jul 12 22:05:03 +0500</pubDate>
			<dc:creator>
				<![CDATA[zia.khan]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=412296</guid>
			<description>
				<![CDATA[JIT is probing allegations by Malik Riaz that Dr Arsalan had received millions of rupees from him.]]>
			</description>
			<content:encoded>
				<![CDATA[The National Accountability Bureau (NAB) has issued a fresh notice to the son of Chief Justice Iftikhar Muhammad Chaudhry to appear later this week before a joint investigation team (JIT) probing blackmail charges against him by a billionaire property developer.


The notice was issued after Dr Arsalan Iftikhar did not show up on Monday before the JIT comprising NAB, Federal Investigation Agency (FIA) and Islamabad police.

The JIT is probing allegations by the real-estate tycoon, Malik Riaz, that Dr Arsalan had received millions of rupees from him promising to sway court decisions in his favour in some lawsuits against him. Dr Arsalan denies the charges.

According to a statement, Dr Arsalan was summoned by NAB for a ‘personal appearance’ on Monday for recording his statement. He, however, did not appear before the JIT.

“A notice under section 19 is being issued again for his appearance before the JIT on July 26 (Thursday),” read the statement.

A notice has also been issued to Dr Faqir Hussain, the registrar of the Supreme Court, for a personal appearance on Wednesday.

NAB formed the JIT after the Supreme Court ordered the government to investigate the matter after taking a suo motu notice of the case when Riaz first hurled allegations at Chief Justice Chaudhry during a news conference.

But Dr Arsalan, in a letter written to NAB through his lawyer Malik Ishaq, had objected to the inquiry.

Salman Ahmed, Riaz’s son-in-law, and Ahmed Khalil, Riaz’s business partner from whom Arsalan allegedly received money in an alleged underhand deal, were also summoned but did not show up.

Ahmed, in a fax message sent from the United Kingdom, said that he was receiving life threats and it was not possible for him to travel to Pakistan for this case.

He has, however, agreed to record his statement outside the country, the NAB statement added.

Meanwhile, Khalil in his letter informed the JIT that he was undergoing treatment in a hospital in Germany.

Published in The Express Tribune, July 24th, 2012.]]>
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			<title>Dr Arsalan claims he did not receive NAB's notice: Report</title>
			<link>https://tribune.com.pk/story/412022/dr-arsalan-excuses-himself-from-appearing-before-nab-jit</link>
			<comments>https://tribune.com.pk/story/412022/dr-arsalan-excuses-himself-from-appearing-before-nab-jit#comments</comments>
			<pubDate>Mon, 23 Jul 12 07:57:26 +0500</pubDate>
			<dc:creator>
				<![CDATA[web.desk]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=412022</guid>
			<description>
				<![CDATA[Dr Arsalan Iftikhar expresses distrust in the joint investigation team.]]>
			</description>
			<content:encoded>
				<![CDATA[Dr Arsalan Iftikhar, son of Chief Justice Iftikhar Muhammad Chaudhry and key respondent in a graft case, has claimed that he not received any notice from National Accountability Bureau (NAB) to appear before its joint investigation team on Monday.

Speaking to Geo News, Dr Arsalan said that he was waiting for the notice and added that he did not have any faith in the investigation team.

The other two respondents, Salman Ahmed (son-in-law of former Chairman of Bahria Town Malik Riaz) and his business partner Ahmed Khalil also did not appear before the team to record their statements.

Ahmed, in a fax message sent from the UK, maintained that he was receiving life threats and it was not possible for him to travel to Pakistan for this case. He, however, agreed to record his statements outside the country. Khalil, in his letter, also informed the investigation team that he was undergoing medical treatment in Germany, thus being unable to appear before the team.

The team issued another notice to Dr Arsalan for July 26 and to Registrar Supreme Court Dr Faqir Hussain to appear personally on July 25.

The five-member team, headed by NAB’s Financial Crime Wing Director General Kosar Iqbal Malik, had issued separate notices to Dr Arsalan, Ahmed and Khalil to appear before the team last week.

Sources in the bureau had revealed that if any of the three failed to appear before the investigation team, NAB will issue non-bailable warrants against them for non-cooperation.

Riaz, the real estate tycoon, had recorded his statement before the joint investigation team at NAB’s headquarters in which he had made a number of crucial disclosures.

NAB had also decided to contact authorities in Britain and the United Arab Emirates to obtain all related documents of the case, including payments made through credit cards.]]>
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			</item><item>
			<title>Joint investigation team: Police to ensure presence of Dr Arsalan</title>
			<link>https://tribune.com.pk/story/411933/joint-investigation-team-police-to-ensure-presence-of-dr-arsalan</link>
			<comments>https://tribune.com.pk/story/411933/joint-investigation-team-police-to-ensure-presence-of-dr-arsalan#comments</comments>
			<pubDate>Mon, 23 Jul 12 03:58:25 +0500</pubDate>
			<dc:creator>
				<![CDATA[malik.manzoor.ahmed]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=411933</guid>
			<description>
				<![CDATA[Suleman and Khalil to also appear before the bureau today at 11:00 am sharp.]]>
			</description>
			<content:encoded>
				<![CDATA[The National Accountability Bureau (NAB) has issued notices to the Islamabad inspector general police (IGP) and the Punjab IGP to ensure the presence of Dr Arslan Iftikhar, Suleman Ahmed (son-in-law of former Chairman of Bahria Town Malik Riaz) and his business partner Ahmed Khalil before the bureau’s joint investigation team.


According to sources, the notices have emphasised the IGPs to ensure the presence of the three men involved in the Dr Arsalan saga on Monday at 11:00 am sharp without failure.

NAB had already issued separate notices to Dr Arsalan, Suleman and Khalil to appear before the joint investigation team last week. The five-member team is headed by NAB’s Financial Crime Wing Director General Kosar Iqbal Malik. Sources in the bureau revealed that if any of the three failed to appear before the investigation team, NAB will issue non-bailable warrants against them for non-cooperation.

Riaz, the real estate tycoon, has already recorded his statement before the joint investigation team in NAB’s headquarters. According to sources, Riaz has made a number of crucial disclosures in his statement.

Sources added that NAB has also decided to contact authorities in Britain and the United Arab Emirates to obtain the all related documents of the case including payments made through credit cards.

Published in The Express Tribune, July 23rd, 2012.]]>
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			<title>Malik Riaz records statement before NAB</title>
			<link>https://tribune.com.pk/story/410942/malik-riaz-records-statement-before-nab</link>
			<comments>https://tribune.com.pk/story/410942/malik-riaz-records-statement-before-nab#comments</comments>
			<pubDate>Fri, 20 Jul 12 15:40:01 +0500</pubDate>
			<dc:creator>
				<![CDATA[web.desk]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=410942</guid>
			<description>
				<![CDATA[Riaz says he will provide more evidences to the investigative committee. Arsalan Iftikhar summoned for July 30.]]>
			</description>
			<content:encoded>
				<![CDATA[Business tycoon Malik Riaz recorded his statement before the investigative committee of National Accountability Bureau (NAB) on Friday in the Arsalan Iftikhar case, reported Express News.

Presenting his written statement, Riaz sought some time from the committee to provide further evidence in the case. NAB also handed him a written questionnaire which he has to reply to by July 24.

Speaking to the media after the proceedings, Riaz said that vengeful acts against him should be stopped and if anyone has reservations on the investigation committee, then they should get it changed.

Riaz had earlier requested the NAB to grant him time till Monday, because of his appearance in the Sindh High Court. However, in a statement issued on Friday, NAB stated that this request has been declined and that Riaz will have to appear before NAB.

NAB had stated that if Riaz fails to appear, unilateral proceedings could be be carried out against him.

Earlier, the attorney general had written a letter to the NAB chairman asking him to conduct an investigation into the Arsalan Iftikhar case after the court had ordered him to take action in accordance with the law.

Arsalan, son of Chief Justice Iftikhar Muhammad Chaudhry and a key respondent in the case, had opposed the attorney general's decision and said that he did not have any right to forward the case.

NAB has summoned Arsalan Iftikhar, Salman Ahmed and Ahmed Khalil to appear before it on July 30.

The accountability institution hoped that the joint investigation team would soon return from Britain, and visit the UAE.

Correction: The name 'Khalil' was earlier misspelled as 'Jalil' in the story. The correction has been made.]]>
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			<title>Arsalan Iftikhar case: Chief justice’s son asks for review of court decision</title>
			<link>https://tribune.com.pk/story/408139/arsalan-iftikhar-case-chief-justice%e2%80%99s-son-asks-for-review-of-court-decision</link>
			<comments>https://tribune.com.pk/story/408139/arsalan-iftikhar-case-chief-justice%e2%80%99s-son-asks-for-review-of-court-decision#comments</comments>
			<pubDate>Sat, 14 Jul 12 04:42:02 +0500</pubDate>
			<dc:creator>
				<![CDATA[azam.khan]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=408139</guid>
			<description>
				<![CDATA[Expresses mistrust in AG; requests inquiry by a judicial officer.]]>
			</description>
			<content:encoded>
				<![CDATA[Arsalan Iftikhar, son of Chief Justice Iftikhar Muhammad Chaudhry, filed an application before the Supreme Court on Friday seeking a review of its earlier order in the suo motu notice of allegations against him.


Expressing mistrust in the Attorney General Irfan Qadir, Arsalan requested in his plea that a judicial officer perform an inquiry into the case instead.

According to Arsalan’s petition, the attorney general did not have the right to forward his case to the National Accountability Bureau (NAB) and in doing so, he did not follow the orders of the court. The petition was submitted through his counsel, Sardar Ishaq.

In the previous hearing, the apex court had asked Qadir to investigate the case revolving around allegations of a business deal between property tycoon Malik Riaz and Arsalan Iftikhar.

Arsalan’s petition states that the attorney general deliberately attempted to influence the inquiry procedure by misinterpreting the court’s judgment.

Earlier, Qadir had written a letter to the NAB chairman asking him to conduct an investigation into the case after the court had ordered him to take action.

Initially, the NAB chairman was reluctant to probe the issue, claiming that the matter did not come under NAB’s ambit. Later, on the attorney general’s order, a joint investigation team was constituted for an investigation.

In response to this move, Arsalan wrote a letter to the NAB chairman warning him not to become a puppet in the matter.

Arsalan’s review petition also carries excerpts of an earlier letter.

Arsalan mentions Qadir’s profile and history of his cases announced by the Supreme Court against his illegal appointments and alleges that Qadir is biased due to his rivalry with his father, the chief justice.

He added that Qadir will leave no stone unturned in falsely accusing him in order to settle personal scores.

The petition alleges that there is no provision in the NAB Ordinance under which NAB authorities can take action and there is no single provision that would authorise the NAB chairman to constitute and select members of such a Joint Investigation Team (JIT) on his own.

In his petition, Arsalan claims that JIT officials are handpicked by Malik Riaz.

Arsalan said that the court has left him entirely at the mercy of completely hostile state machinery. “The FIA and Islamabad police are directly functioning under the supervision of Rehman Malik, whose membership in Senate has recently been suspended by the Supreme Court,” he said, adding that an inquiry process under these circumstances cannot be transparent.

He said that it was a well-cooked conspiracy against the judiciary and his father for ulterior motives, adding that Riaz called him a “Don” who runs the judiciary.

He also attached the script of the infamous Dunya TV interview, adding that it was planted.

“The drama was staged on baseless and concocted stories, which otherwise has absolutely no substance, therefore, despite a lapse of so many days absolutely no progress has been made by any agency,” he said.

Published in The Express Tribune, July 14th, 2012.]]>
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			<title>Attorney general had no right to forward case to NAB, says Arsalan</title>
			<link>https://tribune.com.pk/story/407813/attorney-general-had-no-right-to-forward-case-to-nab-says-arsalan</link>
			<comments>https://tribune.com.pk/story/407813/attorney-general-had-no-right-to-forward-case-to-nab-says-arsalan#comments</comments>
			<pubDate>Fri, 13 Jul 12 07:59:21 +0500</pubDate>
			<dc:creator>
				<![CDATA[web.desk]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=407813</guid>
			<description>
				<![CDATA[Requests for NAB chief, Malik Riaz's son-in-law to be made party to case.]]>
			</description>
			<content:encoded>
				<![CDATA[Arsalan Iftikhar, in one of four pleas submitted to the court, said that Attorney General Irfan Qadir did not have the right to forward his case to the National Accountability Bureau (NAB) and that in doing so, he did not properly follow the orders of the court, Express News reported on Friday.

Expressing mistrust in the attorney general, Arsalan requested in his plea that a judicial officer perform an inquiry into the case.

In other pleas, the chief justice’s son requested that the court make NAB Chairman Faseeh Bukhari and Malik Riaz’s son-in-law Salman party to the case as well.

Earlier, the attorney general had written a letter to the NAB chairman asking him to conduct an investigation into the Arsalan Iftikhar case after the court had ordered him to take action in accordance with the law.]]>
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			<title>Justification</title>
			<link>https://tribune.com.pk/story/404677/justification</link>
			<comments>https://tribune.com.pk/story/404677/justification#comments</comments>
			<pubDate>Fri, 06 Jul 12 19:04:40 +0500</pubDate>
			<dc:creator>
				<![CDATA[salman.rashid]]>
			</dc:creator>
			<category><![CDATA[Opinion]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=404677</guid>
			<description>
				<![CDATA[One wonders if thought of justification for his meteoric rise ever came to mind, or, the family brought it up.]]>
			</description>
			<content:encoded>
				<![CDATA[This is a true story. It is not made up. The protagonist must remain unnamed for he would prefer it that way. We will, therefore, simply call him X.

It was in September 1977, that X served in the martial law complaint cell at Peshawar. Some of the cases that came for redress concerned the mindless nationalisation of private businesses executed under Mr Bhutto’s reforms. One such case for denationalisation was for a Nowshera-based rice husking mill. At some point during the processing of the case, the owner, a hunchbacked gentleman, somehow got the notion that X was using delaying tactics.

One day, the owner entered X’s office, came around the desk, opened a drawer and slipped in a small packet. The packet contained Rs30,000, the oil to get the works going. X was tempted: here was his chance of going on the much wished for European tour, which he could not otherwise undertake on his captain’s salary. Nor, indeed, could his father finance such an undertaking, having gone bankrupt only a few years earlier. But the thought that made this foolish man return the packet was: how will I justify the expense?

Shortly afterwards, he left the army and went to work for a multinational firm in Karachi. Now, as luck would have it, a very close friend from the army was posted at the National Logistic Cell in the city. Within weeks of the pair meeting up, it was known to X that the friend was making a goodly sum of money in graft for berthing ships out of turn at Kemari — the going rate at that time being Rs40,000 per ship. Not that X was very bright and sensed the insalubrious carrying on. Nothing of the sort; only the friend made no bones about it.

Now, this was a time when the new Honda Civic hatchback had just hit the market in Pakistan. The friend fancied the car which, it has to be admitted, was a pretty thing at Rs80,000. He, therefore, suggested that X sell his old banger (purchased with a loan from the company he worked for) and that the friend will get him a new Civic. No generosity there, only a very devious slant.

The car was to be registered in the friend’s name but maintained by X. The friend would borrow it whenever he needed to gallivant off with his girlfriend, for he feared the chance of his wife spotting him in his own car. Despite the temptation of driving a brand new machine, X refused.

This was a time when X’s father was doing some work in Karachi, frequently visiting from upcountry and borrowing X’s car to go around the city. X was worried that since his father knew he had purchased the car with money lent by his employer, there was no way he could justify a brand new auto that cost more than twice as much as the company gave out for car loans.

The devious friend plied X with several untruths that he could trot out to fool his father but X was adamant. It would be known not just to his father but also to his colleagues that he was indulging in something unholy to be able to purchase an expensive new car. Since he could not justify the ownership of the new Civic, he was not taking it.

X continued to drive his jalopy while the friend moved from car to car. But in order to not raise questions, he was very careful to always purchase slightly used models. Still, it was clear that the man was living beyond his major’s salary. His father, who also lived and worked in Karachi, apparently never questioned his son about the source of his income. Surely, the old man would simply never have suspected any wrongdoing on his son’s part.

Now, we have a certain Dr Arsalan Iftikhar who has risen from a Grade-18 government job to become the owner, by his own admission, of a business empire worth Rs900 million. One wonders if the thought of justification for his meteoric rise ever came to his mind. Or, if the family ever brought up the subject.

Banish the thought.

Published in The Express Tribune, July 7th, 2012.]]>
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			<title>CJP’s Son’s Scandal: LHC dismisses petition for being non-maintainable</title>
			<link>https://tribune.com.pk/story/404195/cjp%e2%80%99s-son%e2%80%99s-scandal-lhc-dismisses-petition-for-being-non-maintainable</link>
			<comments>https://tribune.com.pk/story/404195/cjp%e2%80%99s-son%e2%80%99s-scandal-lhc-dismisses-petition-for-being-non-maintainable#comments</comments>
			<pubDate>Fri, 06 Jul 12 00:10:19 +0500</pubDate>
			<dc:creator>
				<![CDATA[our.correspondent]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category><category><![CDATA[Punjab]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=404195</guid>
			<description>
				<![CDATA[Bench dismissed the petition, observing that petitioner had no locus standi to file it.]]>
			</description>
			<content:encoded>
				<![CDATA[The Lahore High Court on Thursday dismissed as “non-maintainable” a writ petition seeking directions restraining the National Accountability Bureau (NAB) from investigating allegations made by real estate tycoon Malik Riaz Hussain that Arsalan Iftikhar, a son of the Chief Justice of Pakistan Iftikhar Muhammad Chaudhry, had accepted money and favours promising him a “favourable” outcome of cases involving Hussain’s business ventures.


A two-member bench heard the matter.

When proceedings started, LHC Chief Justice Umar Ata Bandial asked the petitioner whether he was an aggrieved person in the case. The petitioner, Amanullah Bhatti, replied in the negative. At this, the bench dismissed the petition, observing that petitioner had no locus standi to file it.

Published in The Express Tribune, July 6th, 2012. ]]>
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			<title>Arsalan-Riaz case: NAB constitutes JIT to probe graft charges</title>
			<link>https://tribune.com.pk/story/403240/arsalan-riaz-case-nab-constitutes-jit-to-probe-graft-charges</link>
			<comments>https://tribune.com.pk/story/403240/arsalan-riaz-case-nab-constitutes-jit-to-probe-graft-charges#comments</comments>
			<pubDate>Wed, 04 Jul 12 05:23:52 +0500</pubDate>
			<dc:creator>
				<![CDATA[our.correspondent]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=403240</guid>
			<description>
				<![CDATA[The committee noted that it will be in a better position to proceed further after it has analysed the material.]]>
			</description>
			<content:encoded>
				<![CDATA[The National Accountability Bureau’s (NAB) chief has constituted a joint-investigation team (JIT) to probe the graft case involving chief justice’s son Arsalan Iftikhar and real estate tycoon Malik Riaz.


The five-member team formed by NAB Chairman Admiral (retd) Fasih Bokhari will be headed by the bureau’s director general (financial crimes) and includes a member each from the police and the Federal Investigation Agency (FIA), and three members from NAB itself, said an official statement issued on Tuesday.

In its first meeting held at the NAB headquarters on Tuesday, the team decided to procure all relevant material from quarters concerned within a week. The committee noted that it will be in a better position to proceed further after it has analysed the material.

NAB had received a letter from the Attorney General of Pakistan Irfan Qadir last week asking the apex corruption watchdog to form a JIT and initiate investigations into the graft case of over Rs300 million. Meanwhile, Justice Sardar Tariq Masood of the Lahore High Court declined to hear a writ petition seeking directions to restrain NAB from probing the case citing personal reasons.

As a division bench started its proceedings, senior judge Justice Masood pointed out that since Arsalan Chaudhry’s counsel Sardar Muhammad Ishaq is his brother, it would not be appropriate for him to sit on the bench and hear the case. Following Justice Masood’s recuse, the bench asked the chief justice to formulate another bench. The other judge serving on this bench is Justice Syed Iftikhar Hussain Shah.

Resident of Sialkot, Amanullah Bhatti maintained through his counsel that since the matter concerns two individuals and has not caused any loss to the national exchequer, it does not fall under the purview of NAB.

Published in The Express Tribune, July 4th, 2012.]]>
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			<title>Arsalan Iftikhar case: NAB’s investigation team to collect forensic evidence</title>
			<link>https://tribune.com.pk/story/403040/arsalan-iftikhar-case-nab%e2%80%99s-investigation-team-to-collect-forensic-evidence</link>
			<comments>https://tribune.com.pk/story/403040/arsalan-iftikhar-case-nab%e2%80%99s-investigation-team-to-collect-forensic-evidence#comments</comments>
			<pubDate>Tue, 03 Jul 12 14:40:50 +0500</pubDate>
			<dc:creator>
				<![CDATA[web.desk]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=403040</guid>
			<description>
				<![CDATA[NAB's investigation team holds first meeting, report of each meeting to be submitted to NAB chairman.]]>
			</description>
			<content:encoded>
				<![CDATA[The Joint Investigation Team (JIT) of National Accounability Bureau (NAB), formed to probe the Arsalan Iftikhar scandal, decided to formulate a forensic report of all evidences and documents of the case, Express News reported on Tuesday.

The five-member team, headed by Director-General of Financial Crime Investigation Cell, held its first meeting during which it was decided that the report of each meeting will be submitted to the NAB chairman.

According to a NAB spokesperson, one official each of Federal Investigation Agency (FIA) and the police, while three NAB officials have been made a part of the investigation team.

Earlier this month, the Supreme Court had asked the government to conduct an inquiry into the case.

Following the court order, Attorney General Irfan Qadir proposed that NAB should form a team to comprehensively investigate this case.]]>
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			<title>Arsalan Iftikhar case: LHC judge declines to hear petition</title>
			<link>https://tribune.com.pk/story/403004/arsalan-iftikhar-case-lhc-judge-declines-to-hear-petition</link>
			<comments>https://tribune.com.pk/story/403004/arsalan-iftikhar-case-lhc-judge-declines-to-hear-petition#comments</comments>
			<pubDate>Tue, 03 Jul 12 13:40:35 +0500</pubDate>
			<dc:creator>
				<![CDATA[our.correspondent]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category><category><![CDATA[Punjab]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=403004</guid>
			<description>
				<![CDATA[Petition asks LHC to restrain NAB from investigating case, judge refuses to hear petition due to personal reasons.]]>
			</description>
			<content:encoded>
				<![CDATA[Justice Sardar Tariq Masood of the Lahore High Court on Tuesday declined to hear a writ petition seeking directions to restrain National Accountability Bureau (NAB) from probing into Arsalan Iftikhar and Malik Riaz scandal, due to personal reasons.

As a division bench started its proceedings, senior judge Justice Masood pointed out that he will not sit on the bench as Arsalan’s counsel Sardar Muhammad Ishaq Khan is his brother and it will be inappropriate for him to hear the case. Following his refusal, the bench sent the case to Chief Justice Umar Ata Bandial for its fixing for another division bench. Justice Syed Iftikhar Hussain Shah was the other judge on the bench.

Amanullah Bhatti, a resident of Sialkot, through his counsel Fahad Ahmad Siddiqi contended that the matter does not fall under the purview of NAB ordinance 1999 as it pertained to two individuals and has not caused any loss to the public exchequer. But NAB had formed an investigation team comprising officials of NAB, FIA, police and experts from the banking sector to probe the case.

The petitioner said that NAB had no jurisdiction to form an investigation committee on the issue as both respondents of the case did not hold any public office.

He said that the chairman NAB had already refused to entertain the case by saying that it did not fall in its ambit, but now it was ready to investigate the case on the directions of the federal government which showed the malafide intention on the part of the rulers.

He prayed to the court to issue directions for setting aside the constitution of the committee by NAB. He further prayed that the government be directed to adopt the set legal procedure to get the matter investigated from an ordinary investigation agency.

Correction: An earlier version of this story had incorrectly mentioned that the case was being referred to Chief Justice Chaudhry Iftikhar. The case has been sent back to Lahore High Court Chief Justice. The error is regretted.]]>
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			<title>Bahria Town brings out Dr Arsalan judgment</title>
			<link>https://tribune.com.pk/story/402781/bahria-town-brings-out-dr-arsalan-judgment</link>
			<comments>https://tribune.com.pk/story/402781/bahria-town-brings-out-dr-arsalan-judgment#comments</comments>
			<pubDate>Tue, 03 Jul 12 04:20:16 +0500</pubDate>
			<dc:creator>
				<![CDATA[our.correspondent]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=402781</guid>
			<description>
				<![CDATA[Real estate company says SC ruled that such cases be referred to a trial court.]]>
			</description>
			<content:encoded>
				<![CDATA[An embattled Bahria Town administration came out with some new ammunition on Monday, pleading that the Supreme Court should not be hearing cases against it – ironically basing its new prayer on a recent judgment given by the apex court itself in the controversial Dr Arsalan Iftikhar case. 


In a reply submitted to the court in the case pertaining to the murder of a security guard in relation to an alleged land-grabbing case, Bahria Town’s administration pointed out that in the Dr Arsalan case, which dealt with alleged bribes taken by the chief justice’s son from the family of real estate tycoon, the court had stated that matters of such nature should be taken up by a “competent trial court”.

Bahria Town pleaded that “the Honourable Supreme Court is not a trial court, which can decide the civil disputes between private parties” and also pointed out that the real estate company has already submitted that all claims against it are actually “civil disputes” and should hence be decided by a “civil court.” Taking its argument a step further, it was also argued that if Bahria Town property disputes are to be taken up by the apex court, then all such disputes should be dropped from civil courts and taken up by the Supreme Court.

The real estate company further prayed that it had not been given a “proper trial” – which, it was argued, could only take place in a civil court “after the recording of evidence and a decision taken on merits.” The right to such a trial, contended Bahria Town, has been enshrined in the Constitution under Article 10-A – which was also stated by the Supreme Court in its “landmark” judgment in the Dr Arsalan case.

Bahria Town, the largest land development company in the country, and its former chairman Malik Riaz have a number of cases being heard against them in the Supreme Court for over three years now. It was pointed out that the Dr Arsalan case had been referred to the competent authority “within 4 days” – and Bahria Town has prayed to get similar treatment from the court.

Published in The Express Tribune, July 3rd, 2012.]]>
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			<title>Financial scam probe: Arsalan Iftikhar voices distrust in NAB, FIA</title>
			<link>https://tribune.com.pk/story/400910/financial-scam-probe-arsalan-iftikhar-voices-distrust-in-nab-fia</link>
			<comments>https://tribune.com.pk/story/400910/financial-scam-probe-arsalan-iftikhar-voices-distrust-in-nab-fia#comments</comments>
			<pubDate>Fri, 29 Jun 12 02:01:02 +0500</pubDate>
			<dc:creator>
				<![CDATA[zahid.gishkori]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=400910</guid>
			<description>
				<![CDATA[Hits out at attorney general for writing ‘biased’ letter to NAB.]]>
			</description>
			<content:encoded>
				<![CDATA[The attorney general’s letter to the National Accountability Bureau seems to have struck a sour note with the chief justice’s son who has penned his own counter-argument to the bureau. 


Attorney General Irfan Qadir had written a letter to NAB asking it to initiate a probe into an alleged financial scam involving Dr Arsalan Iftikhar and a real estate tycoon. Qadir had also suggested including the FIA in the investigation.

However, in a six-page letter written to the NAB chairman – a copy of which is available with The Express Tribune – Dr Arsalan expressed serious reservations over the conduct of the attorney general, and his distrust in NAB and the FIA to carry out investigations into the matter.

In his letter, Dr Arsalan, through his counsel Sardar Ishaq, termed Qadir’s move of writing the letter “biased”. It was a mala fide intention on the part of the attorney general to suggest a joint investigation team of his own choice, transgressing the limits set by the apex court, he added.

“… the attorney general has no authority to dictate as to which agency or authority shall carry out the investigation or to impose upon the NAB chairman for constituting the JIT…,” the letter stated.

It claimed that the apex court in its June 14 order directed the attorney general to “set the machinery of the state in motion” to investigate the matter, but Qadir crossed his limits by writing the letter.

Dr Arsalan’s letter further stated that Qadir has no authority to hold meetings with the NAB chairman, the law and interior secretaries or the Islamabad IG in connection with the inquiry of the case or over its progress once the state machinery is set in motion.

It added that Qadir cannot summon a fortnightly progress report as was directed in his letter.

According to the Supreme Court’s June 14 order, the attorney general may refer the matter to a concerned investigation agency for an impartial and effective probe into the case. As per the terms of the order, he cannot assume the role of the investigator, the letter added.

The letter also questioned the attorney general’s authority to suggest the inclusion of FIA officials and termed the move mala fide intention to settle scores with the chief justice.

According to Dr Arsalan’s letter, Qadir held personal grudges against the chief justice since he was removed as a judge of a superior court and later as the prosecutor general of NAB by the Supreme Court.

Qadir’s bias is evident from his conduct with the apex court’s judges and personal remarks against Chief Justice Chaudhry, the letter added.

When contacted, Attorney General Qadir said, “God knows better what’s in my heart. But, I’ll make it clear that I’m not biased”.

He clarified that he intended to reach out to the state machinery to initiate an inquiry into the case, as was directed by the court.

Dr Arsalan skeptical of NAB, FIA’s impartiality 

The chief justice’s son also suggested to NAB Chairman Fasih Bukhari that it would not be appropriate for him to undertake investigation into the case due to his close relationship with the real estate tycoon. He also pointed out that Bokhari’s daughter is an employee of Bahria Town.

Moreover, the letter raised questions over the impartiality of the FIA chief in carrying out investigations into the matter.

Arsalan’s counsel citied that FIA Director General Fayyaz Laghari was earlier serving as the Inspector General of Police and was ordered to be removed by Chief Justice Chaudhry as he was impeding investigations into the Sarfraz Shah murder case.

Counsel Ishaq confirmed sending a letter on behalf of Dr Arsalan to NAB and said that he believes his client’s case does not fall under NAB purview as, according to the law, the bureau can only probe matters that involve public money.

He said the matter under consideration was related to two persons and Riaz had so far failed to provide any substantial evidence in support of his allegations.

When asked what sort of inquiry will be acceptable to his client, Ishaq said, “We want that this inquiry should be held by impartial persons of credibility.”

Published in The Express Tribune, June 29th, 2012.]]>
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			<title>Stabilising the state</title>
			<link>https://tribune.com.pk/story/399428/stabilising-the-state</link>
			<comments>https://tribune.com.pk/story/399428/stabilising-the-state#comments</comments>
			<pubDate>Tue, 26 Jun 12 18:44:47 +0500</pubDate>
			<dc:creator>
				<![CDATA[talat.masood]]>
			</dc:creator>
			<category><![CDATA[Opinion]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=399428</guid>
			<description>
				<![CDATA[Perhaps, the best course to stabilise the situation would be for government to announce a date for early elections.]]>
			</description>
			<content:encoded>
				<![CDATA[Recent events in Pakistan are likely to have a profound impact on its future. The case of Arsalan Chaudhry has brought to fore that nothing remains hidden for long under the broad and sharp gaze of the media.

As institutional and individual skeletons are being dragged out of the closet, the few idols and iconic structures that we still had faith in are crumbling one by one. The chief justice, who remains the last bastion of justice, is facing embarrassment due to his son’s misdeeds. The DHA–Bahria contract has turned out to be a scam of mammoth proportions. And erstwhile prime minister Yousaf Raza Gilani, after remaining in the eye of the storm, was disqualified on the Supreme Court’s orders, which indeed was an earth-shaking event. These are not isolated cases but part of a broader, deeper malaise that afflicts the nation.

As our crisis worsens, no institution can pretend to be sacrosanct and above board unless it really is. And no individual or institution — the judiciary, military, politicians, business tycoons or the media — can claim immunity against accountability anymore. The forces released by the information technology revolution and a highly interconnected world have broken the barriers that once ensured some degree of impunity. Moreover, the concept that some institutions are more equal than others, or more worthy of respect, is also progressively being demolished.

These are not ordinary changes in the Pakistani environment, where too many still take it for granted that anyone can be bought out with money or power. Moreover, these developments are good for Pakistan in the long-term because our greatest weakness has been the duplicity in our behaviour — not applying the same standards to oneself that we demand from others. Just as market forces bring about corrections to economies in distress, so our institutions and society as a whole are finding self-correcting mechanisms to check failing institutions and individuals. We are now witnessing institutions — autonomously or in concert — apply checks and balances on one another: the moment one institution becomes too powerful it is likely to be checkmated. In the process, these institutions and their leaders, too, often play politics and advance their own narrow interests.

The challenge we face as a country is clear: how do we keep Pakistan in a fairly stable condition as old power structures collapse and institutions falter? It seems only too likely that the current turbulence could lead to widespread anarchy. Why? Two reasons stand out: our societal transformation is taking place in a leadership vacuum (and those who oppose change have a high stake in maintaining the status quo). Second, no institution has sufficient credibility and moral authority to guide us and show the way forward.

If Pakistan has to break from its past, then it should work for the victory of those forces that truly want to uphold the rule of law and create a society based on merit. The growing pressure for the accountability of institutions from the media — and from every walk of life in this country — should lead to collective introspection and compel the nation to redefine itself. Although rebuilding and redefining institutions is not easy, it is urgently needed. The clock is ticking louder than ever: our economy faces a meltdown, our current political leadership is incapable of taking hard decisions and a failure to act is simply not an option for a nuclear power.

How do we sanitise and transform the state when there is no leadership on the horizon of anything like the stature of a Nelson Mandela? Our dilemma is made worse when the present leadership’s only interest is personal profit that has given rise to a serious crisis of legitimacy. In the past, we took the simplistic approach of inviting the army in when events got out of control. But people are not prepared to accept a replay of that role anymore. Experience has shown that involvement of the military creates more problems than it solves in the long-term. The overreaching role of the judiciary is equally resented (most people would rather have judges provide justice to ordinary people than to play an outsized role in high profile political cases).

Perhaps, the best course to stabilise the situation would be for the government to announce a date for early elections. In the interim, it seems time has come for a caretaker civilian government of technocrats and men of integrity that enjoy the confidence of major political parties and can steer and hold the country through these very challenging times.

Published in The Express Tribune, June 27th, 2012.]]>
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			<title>Fair play: CJ detaches himself from Bahria cases</title>
			<link>https://tribune.com.pk/story/397977/fair-play-cj-detaches-himself-from-bahria-cases</link>
			<comments>https://tribune.com.pk/story/397977/fair-play-cj-detaches-himself-from-bahria-cases#comments</comments>
			<pubDate>Sat, 23 Jun 12 04:52:57 +0500</pubDate>
			<dc:creator>
				<![CDATA[our.correspondent]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=397977</guid>
			<description>
				<![CDATA[Says judiciary should not be biased and all verdicts should be announced on merit.]]>
			</description>
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				<![CDATA[Chief Justice Iftikhar Muhammad Chaudhry has detached himself from the apex court bench hearing cases involving Bahria Town which is owned by billionaire property developer Malik Riaz.


Justice Chaudhry will not sit on the three-member bench hearing the cases, including the murder of Defence Housing Authority Islamabad’s security guard in a case of land grabbing involving Rs5 billion.

The cases will be heard by a bench comprising Justice Jawwad S Khawaja and Justice Khilji Arif Hussain.

Since Riaz has levelled serious allegations against the chief justice, Justice Chaudhry will not hear cases involving Bahria Town, reads a written order of the court.

A three-judge apex court bench, headed by Justice Shakirullah Jan, is currently hearing a contempt of court case against Riaz.

Justice Chaudhry had taken a suo motu notice of reported financial irregularities involving his son Arsalan Iftikhar and Malik Riaz.

Justice Chaudhry said his decision to step down from the bench was inspired by the conduct of the fourth Caliph Hazrat Ali (RA), who had disassociated himself from a battle when he felt that his personal interests influenced his decisions instead of God’s will. He claimed that the judiciary should not be biased and all the verdicts should be announced on merit.

The court also adjourned the hearing of the security guard murder case until June 25.

Published In The Express Tribune, June 23rd, 2012.]]>
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			<title>CJ isolates himself from hearing Bahria Town cases</title>
			<link>https://tribune.com.pk/story/397646/cj-isolates-himself-from-hearing-bahria-town-cases</link>
			<comments>https://tribune.com.pk/story/397646/cj-isolates-himself-from-hearing-bahria-town-cases#comments</comments>
			<pubDate>Fri, 22 Jun 12 09:54:17 +0500</pubDate>
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				<![CDATA[our.correspondent]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
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				<![CDATA[According to an order issued by the chief justice, he will not be a part of the three-member bench hearing cases.]]>
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				<![CDATA[Chief Justice Iftikhar Muhammad Chaudhry, who had confronted several allegations by business magnate Malik Riaz, isolated himself from hearing cases pertinent to Bahria Town, Express News reported on Friday.

According to an order issued by the chief justice, he will not be a part of the three-member bench hearing cases, including the murder of a security guard, sessions judge inquiry case and land controversies.

The cases will now be heard by a two-member bench, including Justice Jawad S Khwaja and Justice Khilji Arif Hussain.

The order further stated that Justice Shakirullah Jan is currently presiding over the two-member bench hearing the contempt case against Riaz.

A suo motu was taken by the chief justice against his son Dr Arsalan Iftikhar and Riaz, following media reports that Iftikhar had received between Rs300 and Rs400 million from Riaz to influence judicial proceedings.

Justice Chaudhry said that he was inspired from the conduct of Hazrat Ali, who disassociated himself from a battle when felt that his personnel interests got involved instead of Allah’s will, the judiciary should not be biased and all the verdicts should be announced on merit.

The written order of the court in the case stated that contempt of court proceedings were underway against Malik Riaz before a bench of the apex court.

There have been allegations leveled against the chief justice by Malik Riaz which is why he (chief justice) will not hear cases against Bahria Town, the order said.

Later, the court adjourned hearing of the Bahria Town guard murder case until June 25.]]>
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			<title>A terrible responsibility</title>
			<link>https://tribune.com.pk/story/397130/a-terrible-responsibility</link>
			<comments>https://tribune.com.pk/story/397130/a-terrible-responsibility#comments</comments>
			<pubDate>Thu, 21 Jun 12 17:23:07 +0500</pubDate>
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				<![CDATA[amber.darr]]>
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			<category><![CDATA[Opinion]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=397130</guid>
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				<![CDATA[The public is likely to demand a delicate balance between activism and restraint by the judiciary.]]>
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				<![CDATA[Unfashionable as it may be to confess, I was not immediately moved when in March 2007, General (retd) Pervez Musharraf, unceremoniously and unconstitutionally suspended Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry. My inability at that time to immediately respond to the call for the independence of judiciary was not because I was a Musharraf sympathiser, but because I was not entirely convinced that the judiciary that had supported and guided Musharraf to power in the first place was truly independent and had the right to claim my support.

I had found it difficult to ignore in those days, that when in 1999, Musharraf had ousted the democratically elected government of Mian Nawaz Sharif, most of these judges (the CJP being one of them), had not only endorsed and legitimised the move —by continuing in office, indeed taking oath on the Provisional Constitutional Order (PCO) and by a giving full bench judgment in support of Musharraf in the case of Zafar Ali Shah vs Pervez Musharraf 2000 SCMR 1137 — but had also, and far more damningly, invoked the doctrine of necessity to grant him the power, albeit limited, to amend the Constitution.

Of course, like everyone else in Pakistan, the judiciary, too, had justifications: in their judgment in the Zafar Ali Shah case, they claimed that they had taken the oath on the PCO merely to ‘uphold’ the judicial organ of the state and had supported the army chief because he was the holder of a Constitutional post and could not be summarily removed, even by a prime minister. Not many were fooled: it was commonly believed, even by those who benefited from the compromise, that the judiciary had preferred expediency over the rule of law and in doing so had driven yet another nail in the coffin of Pakistan’s constitutional principles.

Expediency, however, did not seem to be an option, when seven years later, the same Musharraf who had cried high treason when he was removed from office without due process, removed the CJP, also holder of a constitutional office, in exactly the same manner. Instead of accepting the decision against him and fading into a quiet retirement, as may have been pragmatic to do, the CJP chose to take a stand, not for his personal glory but for the sanctity of his office. The judiciary, and indeed the entire legal community, seemed only to have been waiting for a leader. They rallied around the CJP and did not rest until he was finally restored to office, believing somewhat naively perhaps, that they were ushering in a new era of the supremacy, indeed glory, of justice.

Although this naive belief was challenged many a time in the last three years, when questions were raised about the wisdom of judicial activism, the judiciary’s preference for taking up high profile political cases and of nurturing the media as an important pillar of state, the events of the last few weeks, seem to absolve the judiciary, at least in the eyes of legal purists. As Mr Gilani’s conviction, Arsalan and Malik Riaz’s scandal and Mr Gilani’s ultimate disqualification unfolded in quick succession, the judiciary, eschewing all exits to the doubtful road to practicality, followed instead the inherent logic of the law, and brought the legal proceedings before them, to their natural conclusion.

Legally sound, independent and brave as these decisions may be, this places a terrible responsibility not only on the CJP but also on the entire judiciary. From this moment onwards all actions of the judiciary will come under an even closer scrutiny. The conduct of judges, both public and private, as well as their judgments are likely to be examined minutely. The public, fuelled by the discontent of certain political parties, is likely to demand the same delicate balance between activism and restraint, the same commitment to due process, and the same across the board accountability that the judiciary appears to have meted out to others. It is in achieving this fine equilibrium and maintaining it consistently, that the judiciary will not only earn and uphold the respect it deserves, but also play its true role in the impartial progress of our society.

Published in The Express Tribune, June 22nd, 2012.]]>
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			<title>Blood money</title>
			<link>https://tribune.com.pk/story/397132/blood-money</link>
			<comments>https://tribune.com.pk/story/397132/blood-money#comments</comments>
			<pubDate>Thu, 21 Jun 12 17:08:51 +0500</pubDate>
			<dc:creator>
				<![CDATA[rasul.bakhsh.rais]]>
			</dc:creator>
			<category><![CDATA[Opinion]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=397132</guid>
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				<![CDATA[A system of loot, plunder has unfolded with great clarity with the power and influence of a real estate tycoon.]]>
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				<![CDATA[Where in the world can a ‘businessman’ become a multibillionaire in a short amount of time? Where in the world would any businessman share his ‘profits’, in billions, with politicians, journalists, media owners, bureaucrats and military generals? Where in the world can a businessman exercise so much political clout and power and with many political actors and parties under different regimes — military and civilian? Where in the world would any businessman publically brag about getting his work done through bribes and get away with it? Where in the world can an accused ‘businessman’ facing hundreds of court cases for years remain not only free but have the gall to attack the highest court in the country and brazenly question its integrity as an institution by calling a press conference? Finally, where in the world would the most powerful persons serving in the state — notably, military generals — work for such a ‘businessman’?

It happens in societies like Pakistan that have an absolute decline in good old values such as self-respect, dignity, integrity, honour, hard work, individual self-reliance and most importantly, sense of rightness, rightful earning and living within one’s means. It happens when lust for power, greed, ambition, freeloading and envy overpower weak individuals to accept free money and kill their self-conscience for material gain. When those occupying the ‘holy pulpit’ of the ‘free’ media — portraying themselves as purveyors of truth and speaking for public interest — take bribes to spin stories and become attack dogs for criminals and powerful sections of the society, there should be no qualms about them being morally dead.

There are many other symptoms of failure of the state and society in the land of the pure. In my opinion, a society’s decline starts with the decline of the state — loss of legitimacy, weakened rule of law and misuse of state power and institutions for personal gains. In fact, an outcome of the decline of the state and society is that the most corrupt figures — enemies of the people and society — become perched in the most powerful positions in the state. Just look around and you will see who is who, what position and influence each one of them occupies and how they evade any accountability. The last factor, which is the public, is crucial. The moral degeneration of Pakistan has travelled steep down; quoting Robert Fisk, “from top man to shoeshiner”. When a large part of the economy, society, politics and state institutions fall so low, corrupt individuals and groups occupying powerful positions acquire a vested interest in further decline of the state.

Such a system of loot and plunder that we have seen in Pakistan for decades is now unfolding with greater clarity than ever before with the power and influence of a real estate tycoon. The so-called ‘businessman’ works by sharing his plunder with those who matter in the system of power. Such ‘businessmen’ cannot afford to keep all the booty themselves and, by necessity, must share a good portion with those who might question them.

It is all blood money of the poor, helpless thousands of people whose lands have been taken over either by forceful sale or illegal allotment and occupation. What a cast of characters that have become our rulers, media anchors, owners and ‘businessmen’. Will the real people of Pakistan stand up and stand up to them?

Published in The Express Tribune, June 22nd, 2012.]]>
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			<title>Reading men (and women)</title>
			<link>https://tribune.com.pk/story/396484/reading-men-and-women</link>
			<comments>https://tribune.com.pk/story/396484/reading-men-and-women#comments</comments>
			<pubDate>Wed, 20 Jun 12 17:49:02 +0500</pubDate>
			<dc:creator>
				<![CDATA[shahzad chaudhry]]>
			</dc:creator>
			<category><![CDATA[Opinion]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=396484</guid>
			<description>
				<![CDATA[There are 2 kinds of men: those going with the flow; those venturing out, create spark to ignite spirit or burn down.]]>
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				<![CDATA[If ever there is a form of existence that has taught me more about life and its manifestations, it has been simply observing and reading men dealing with life’s vicissitudes. There are essentially two kinds in my grammar of things: those that go with the flow, and the few who will tend to venture out every now and then, create a spark that could either ignite the spirit to new vistas or simply burn down whatever was already there. It is the second type of man that has held my interest through the years. God knows, I have saved a few in my life from ignominious end to what I knew could be exceptional careers if ever a moment arrived when something out of the ordinary was needed. It may have been exceptionally long-term hedging, but without it can you ever have a Malik Riaz rise from the ashes of ordinariness?

Here are a few examples that we all are familiar with: My most favourite from the great land of Americas are the Clintons — and I say this in all seriousness. America hasn’t had a sharper president in recent years. He dealt with the most difficult global issues plaguing his time in office with a classy ease. Whether it was war, or the international stage to forge peace, or to envision ‘globalisation’ which would underwrite the future of the world, he waltzed his way through with that great elegance of his. And yet, yet, there was time for fun. Whitewater, the Health policy woes, the shutdown of the government, the threat of his impeachment, were all taken in stride. His comfort level was such with his surroundings that even a moment’s escapade, be it in the adjacent pantry to the Oval Office or the search to find his quarry in a tumult, gave him that opportunity to explore and venture beyond the routine. In fact, the closing down of the government gave him even greater time for other engagements. Full marks for creativity. Look at his voluminous biography; is there another in recent times, from 40 to 44, that can present itself with such great depth; and simple intellectual brilliance? I am certain he would have led America brilliantly in another World War. He would have surely been on my side if I ever had anything to do with him.

Hillary is another type; consummately intelligent, but too organised for my flavour. She had the good sense to keep the errant Bill around for better times. She is ‘planned’ — in a good way; and, knows her ‘smart’ from the rest. She may be tiring a bit now, but wow, what a couple. Explosive, in all manners of saying. But put them against Articles 62 and 63 of our Constitution, and they don’t make it. Good, they weren’t born in Pakistan.

I will leave Barack Obama out. He is work in progress and given what he had at inauguration of 2009, a possibility to begin with a clean slate, he chose to retain the filthy one that Bush, the squanderer, left. No, I wouldn’t have noticed him in the middle of a mob unless, of course, he had to make the speech at a convention. My other problem with him — he is compulsively over-rehearsed, even with his self-written speeches; there are no moments of a ‘city on the hill’. May be he will be back and maybe that is good for America given their current crop of options, but nay, he couldn’t lead America in a World War. Heck, he can’t extract America out of one in Afghanistan.

Of the recent Indian lot, only Vajpayee ji was the right kind. Most other Indians, I have met are the type that I have always expected them to be: staid, serious — too serious, a little unsure, perhaps a bit insecure, wary and apprehensive, untrusting; simply unwilling to hang out for longer than a drink; much more the regular types. Vajpayee was different and that is why he ventured out to Pakistan. By Indian standards, he was reckless; almost agreed to putting to rest the mockery that rules India and Pakistan. But then, he hit the proverbial ‘wall’ of the Indian Establishment with some help from Musharraf, and things never changed. Nehru, again, was the right kind. Sure, suave, sophisticated, with a well functioning mind which was clear and well directed too. In India, as in Pakistan, mostly systems have governed, not men and that shows in a lack of any ‘spark’ or enterprise in their societies and especially within their establishment structures. Exception should be made for Bhutto and Benazir.

But why do I take this road at all? Thanks to Malik Riaz and his nemesis, Arsalan Iftikhar, Pakistan is in the midst of another ‘gate’. I will leave young Arsalan to his father and let them sort matters out between them, but I find Malik Riaz fascinating. He is what he says he is; make of it what you want. Show me the one who may have earned his riches by staying on the straight and narrow. But is there another who has brought and put in place twenty-first century living within the reach of ordinary Pakistanis. He, to my mind, is a creator of sorts and brings dreams to reality. In doing so, the ordinary people have only gotten better. Others hold onto their precious swathes of real estate, he converts ordinary land into real estate. Real estate is precious only when it is used; unused, it remains only potentially precious. How he may get it is another story and needs to be ruthlessly regulated. Among all the rascals that man this land of ours, he is a productive rascal. No question, he must pay for his latest and other crimes, if proven. As must others who begun to get in as the net widens.

Here is the recommended list of punishments that the courts may consider: charge him to make up for the power shortages that debilitate Pakistan today; he should introduce and develop hygienic housing for our village folk in villages that surround major cities; a part of his wealth should be used to set up technology towns in parts of Pakistan where the bulging youth population should find its future. Were he to do this under the watchful eye of the Superior Courts, we would wish him even greater wealth and riches. He needs to be preserved, gainfully employed with his enterprise and not wasted. Any takers.

Published in The Express Tribune, June 21st, 2012.]]>
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