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Suo motu: CJ's son says allegations of financial impropriety 'baseless'
Bahria Town Chairman Malik Riaz absent from first hearing of case.
Bahria Town Chairman Malik Riaz absent from first hearing of case. PHOTO: INP
ISLAMABAD: Arsalan Chaudhry, son of Chief Justice Iftikhar Muhammad Chaudhry, on Wednesday said allegations that he had received Rs300 to Rs400 million and lavish foreign tours from Bahria Town were baseless, Express News reported.
A suo motu hearing on reports of financial corruption was heard by a three-member bench.
Upon reaching the court, Arsalan, while speaking to the media said that he was not not allowed to “go back home” until the court gave its verdict.
The Supreme Court, on Tuesday, had summoned Arsalan, Attorney General of Pakistan Irfan Qadir and Bahria Town Chairman Malik Riaz.
A personal staff officer informed the court that Riaz was in the UK, where he was undergoing treatment. The chief justice inquired whether Riaz had received the court’s summons, to which the officer replied that he had “not been able to get in touch with Malik Riaz” as yet.
Upon the court’s enquiry as to who took care of business affairs in Riaz’s absence, the officer took eight names including that of Riaz’s son Ahmed Ali Riaz.
“Commander Illyas, Wing Commander Ayaz, General Ehtisham Zameer, Shaukat Sultan, Maryam Rehman, Brigadier Ahad and Riaz’s son, Ahmed Ali Riaz take care of business affairs in his absence,” said the personal officer.
The attorney general, objecting to the bench, said that the chief justice hearing this case was “against the code of conduct”, to which Justice S Khwaja replied that the chief justice’s son was not above the law and could be tried in court by the man who had the most respect for this institution.
Qadir responded saying that Justice Jawad S Khwaja was getting “very emotional” and should not hear the case.
The chief justice replied that he had “taken notice” of the attorney general’s objection and that it would be mentioned in the order.
Chief Justice Chaudhry observed that if evidence was found against anyone, proceedings would be carried out according to the law.
Speaking to the media outside the courtroom, Arsalan’s counsel said that the court had taken no decision as yet but had adjourned the hearing till June 7.
The court said that data relating to the case would be provided to the counsel in the next hearing. The Supreme Court also ordered for Riaz to be presented in court by then.
“I feel like this is a conspiracy to malign the Supreme Court,” said Arsalan’s lawyer. “We will expose the people behind this conspiracy and proceed against them.”
Read more:
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Reader Comments (92)
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Salute to CJ. This man has set an example for our so-called leaders..
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No conflict of interest here. This populist trial court is going to go against all established legal ethics. Nothing would happen to the CJ’s son, just a political stunt and a populist drama to cleanse the PCO court’s image among the naïve public.
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Irfan Qadir has a personal dislike for the Chief justice and its rather the fairness of the Chief justice that he asked a person like Irfan Qadir to prosecute his son.
Shame on Irfan Qadir that he dirties the water whenever Justice is being done. He did it to favour PM Gillani by openly siding with him rather than prosecuting him
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This may be the point, perhaps., where SC will stop appointing “”Commissions”" to investigate, for obvious reasons.
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its not only the test of CJ and its team but the whole nation, so we should keenly observe
the situation without passing any emotional remarks.
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CJ hearing the case of his own Son ! I do not mean to imply that the CJ will protect hsi son, but as a fundamental rule of justice, this is the greatest contempt of court i have seen.
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Timing is very critical in this case. I feel that somebody behind the veil is enticing Supreme Court to make some mistake……………..
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Quite a good move by the CJ. From what we have heard on the social media, a plot was specifically made to trap the CJ in a complicated situation and to pressurize him to step down.
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Its dark day for a father to hear case of his own corrupt son. But if CJ have punished the corrupts in all cases brought to him. His son will never dare to be corrupt. But CJ never did this and today he is facing the results. I hope he will learn a lesson and we will see terrorist, corrupts, mafia gangs being punished with exemplary sentences.
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Now if he was the PM’s son …
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@ Mirza
Its not your political leaders that make political dramas out of every opportunity…..and show political stunts on day to day basis. let the trial proceed and conclude before you frame elegations and show your own prejudice against the CJ.
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yeah ! CJ is really setting example here.Salute to CJ .We are with Supreme Court
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and the kniving and plotting will never end
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@Mirza: Agreed. just a political drama to show that no one is above the law, although CJ should not be in the bench in the very first instance. How come he overcome the temptation of biasness against his own son.
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can our president do the same with his son????
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False campaign set by PPP died early by this suo motu action.. now issue is in court everything will be clear just wait and watch.. example is set. Only CJP can take suo motu action. After proceeding start and Malik Riaz will appear in court. CJ will leave this bench and some other judge will head. Plan was just to pollute the image of CJP. No body will go to court and CJP can’t hear case against his son so PPP will get time to take revenge and to discuss in media / social media.. which unfortunately ended very soon.
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@Freedom Seeker:
No one is corrupt until proven!
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Compare CJ comments about his son and stance of our convicted PM about his son.
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CJ sb. Please appoint commission in this case also, of independent minds, not your own hand picked judges. Now, you are also in the court of masses of this country and will get same that you tried to give others. Bad name.
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Scam to trap the respectable Chief justice of Pakistan justice Iftikhar Mohammad Chaudhry…….
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@Mahmood:
We as a nation pass through the tests every minute, perhaps we have nothing else to do.
A Peshawary
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Let justice be done,
The nation has full confidence in Supreme Court of Pakistan
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nice! lets see where does this case end?
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@Freedom Seeker:
Let us wait and see whether he will hear is own son’s case or not , as an established principle he should not.
A Peshawary
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Of course Mr Chaudhary this is how things are done in, umm, civilised countries. Conflict of interest and all that.
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Mr CJ you should step down and give trial to some one else
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People should not give verdict till the court hears and announces its judgement.
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People like Irfan Qadir don’t deserve to be ethical legal specialists. Does not happen anywhere else in the world.
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We demand CJ to resign on moral grounds now….. just like HH…….Recommend
Good Move. But CJ must recuse himself if a case and evidense is brough forwar. His gesture is appreciated. PPP/Establishment plan just backfired. Go CJ
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Surely, the CJP could have found another judge on the bench instead of including himself. It just doesn’t appear right, it’s almost like being a judge in one’s own cause!
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@Lalai: Read this line carefully
“The chief justice replied that he had taken notice of the attorney general’s objection and that it will be mentioned in the order.”
He is the chief justice, he knows well who should be and who shouldn’t be in the bench…..
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@Mirza: This plot by the status-quo elites to taint CJ is going to backfire. CJ will emerge stronger and more popular than before. CJ will defend the constitution and democracy in this country. The corrupt rulers will be kicked out in the elections, what will they do then?
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Star Plus!
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Chief Justice hearing the case against his corrupt son ….. There could not be a bigger mockery of justice. In order to see how Iftikhar Chaudhry has backed his son to fetch him undue benefits all his life, the following documents need to be brought on record :
1) His F.Sc. result.
2) Merit list of Bolan Medical College.
3) Result of MBBS.
4) Merit list for getting house job assignment in Quetta city.
The above will be more than enough to prove Iftikhar’s bias.
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Why CJ Iftikhar Choudhry wants to hear his son’s case at this moment. Why not send it to NAB or a joint investigation by ISI,MI and FIA….??
Is it because the son is to be saved…..????
If it is done, has anybody thought out about the consequences……….!!
Long Live Selective Justice.
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@Syed Imran,
Very well said of A G. Recommend
Wow, ever heard of having neutrality? He took a suo moto and will probably give a verdict as well. How about putting his name on ECL like Hussain Haqqani’s or the Prime Minister’s son?
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Where there’s smoke, there’s fire. I hate to say this but Musharraf was right.
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We should not raise any allegations ourselves until the court decided.
We believe that CJ will not effect on the case and the good people of Pak trust him.
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The Attorney General is correct to suggest that the Chief Justice should not be part of the bench which is going to inquire into the allegations, that have been raised against his own son. The accusations, instead of being heard by the court of last resort should be entrusted to an independent and competent investigation authority. Insisting to sit in the bench, even with good intention, is likely to cause suspicions about the Chief Justice.
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Interesting…………………lets see if in this instance also the prosecution will fail to prove its case due to insufficient evidence.
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You don’t mess with an honest man!
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Justice for all.
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@Shahid Malik
The case is not about appointment of CJ’s son, so your arguments are irrelevant at this forum.
As sociey we need to encourage such moves, someone should break the taboos of our corrupt systems. AG has the duty to prosecute his son with the support of full government machinery under his discretion.
Pray for Justice in PakistanRecommend
CJ,
Make the hearing public affair by televising it on national PakTV!
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Thats a Great idea it will restore the confidence of general public at large in the Judiciary @dasmir:
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@Shahid Malik:
What a mental distortion ! The subject is about alligation of corruption on CJ’s son. But Malik sahib, you are bringing in his educational/professional profile. If you have got a complaint, why did you not speak earlier? Else you can put up even now a proper legal case against the son and father with proofs. Nourishing and spreading hatred for nothing cannot bring any good to anyone.
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All those making snide remarks about Justice Choudhry – at least wait for his orders. I for one have great respect for this man.
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Hats off to CJ !!!
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How can CJ hear this case?
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CJ could have put the whole matter under the carpet by appointing a commission. I salute him for taking it upon himself to the whole matter through.
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Ifthikar sb, in most societies the CJ would immediately resign when such serious allegations are made. Instead you insist on hearing the case and not reclusing yourself which is also most unethical!
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I just can not understand why His Excellency the CJ is bent upon to put the cart before the horse…??
No arrests, no investigation and in suo motu who will dare to provide proof as the hostile judges are biting every one in the court.
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Hang on a sec, exactly which law has been broken by either Dr. Arsalan or Malik Riaz that they have been hauled up in front of a three member bench of the supreme court?
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a. CJ’s son “Doctor” Arsalan got C grade in his Intermediate exam. (Got admission in Bolan Medical College under CM quota)
b. He became medical officer in 2005, and was appointed as Section Officer in health department within 26 days.
c. Within days after that..he was picked up by Federal government as Deputy Director FIA (Grade 17).
d. In 2006, he became Assistant Director (Grade 18).
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Suo Moto has been taken before the allegations published or broadcast ed. Ihas been taken early so that no concreat evidence is avail still now and he as a head of bench could save his son before proper allegations are framed. If you see news reports and ticker on TV screen CJP and other two judges tried their best to harass the Bahria Town management, his CEO and Chairman who still not came up with any evidence. Case is being heard in air just to defuse the the facts if any. According to legal norms CJP cannot hear case of his son,
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In some instances the CJ act above the law, like he is doing with these proceedings. The CJ can not and SHOULD NOT be a part of the bench which is hearing the case of his son because he has an interest in one of the parties to the case.
A judge is not allowed to take up a case, which has a family member a party to it as the decision might be affected by biasness
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Now I know what is a sham trial.
Thank you chief sab.
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I think now all the hawks should ask for CJ SC resignation that his very own son has been implicated in a scandal. I request the CJ to please become an example in this unfortunate country.
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@parvez:
I think by something called “Ear”
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Yes this is a great example set by the CJ, and we hope the proceedings will be with accordance to law.
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Resigning will mean surrendering before the blackmailers. Let the truth come out so that people can decide for themselves.
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Another trick by regime to divert nation’s and SC attention from other political trial going on in SC….
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@Mirza: I do not blame your cynicism considering Pakistan’s track record. However, here is a man who feels confident enough that he can try his own son. If he had any doubts in dispensing justice he would have recused himself. No one is forcing him to try his own son. More than anything, the important fact is that Pakistan’s public has full trust and confidence in the Chief Justice’s ability to hear this case and give a just verdict. You can not challenge people’s will.
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CJ responded so quickly so that the matter may not go beyond his control after being discussions on TV channels and all that. He is willing to save his son otherwise CJ should not be in the bench
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Only in Pakistan can the Chief Justice sit in on a case relating to his son. Surely if he considers himself to be the one who has the most respect for the institution then he must respect the law and the very code of conduct that governs judges. Or is it that he feels that other judges do not respect the institution as much as he does. There is absolutely no justification, legal or moral, for him to sit as judge in his son’s case.
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CJ’s son will be acquitted as he is the son of CJ.
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@Zahid Hussain: “@Shahid Malik:
What a mental distortion ! The subject is about alligation of corruption on CJ’s son. But Malik sahib, you are bringing in his educational/professional profile. If you have got a complaint, why did you not speak earlier? “
Shahid Malik was just making the poingt that CJ may have shown bias in the past, so his sitting in the bench which will hear his son’s case raises a clear conflict of interest.
People had spoken about favors shown to him in the past in 2007 but at that time CJ was popular due to lawyers movement and the complaints were shoved under the carpet.
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@Buy and Sell In Pakistan: “Yes this is a great example set by the CJ, and we hope the proceedings will be with accordance to law.”
They ARE not in accordance with law.
– By law NAB which is independent should have investigated. Instead, without letting NAB complete investigation, CJ wants a hearing. Naturally at this time there is not enough evidence so he will be acquitted by prematurely moving it to court before giving NAB chance to investigate
– CJ sitting on the bench where his case is coming up is against the norms in any court of world.
– As many people have mentioned, CJ has shown favor to his son regarding his career in the past so there is NO reason to believe that he is going to be unbiased whne it comes to this case.
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For all those showing hatred toward the prosecution (attorney general) it is his job to prosecute. If he is soft then he is not doing his job and becomes defense lawyer. There are three main parties in the court defense, prosecution and independent judiciary. They all do their job to make a fair trial. It is funny in this case there is a prosecutor (which is a must) but in Memo case the PCO judges took the role of both prosecution and judge.
In this case the only problem is the obvious conflict of interest. Either Pakistan is a democracy with a constitution or it is a tribal populist society where the father plays a hero. Let us leave the justice to normal legal and constitutional ethics and norms. In any lawful society the father cannot be even a member of a jury let alone the chief judge. Why are we bent upon making a mockery of Pakistan in the world?
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@SK – Salman:
Gilani was confident enough to throw his son in front of a parliamentary committee yet I did not hear similar words of praise for him?
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The CJ should not have been sitting in the bench in the first instance..but ofcourse the CJ is the most ‘non conttroversial judge’ in the history of Pakistan, so who dare question his ‘integrity’…We are experts at making ourself a laughing stock in the outside world…Media to make hay and malign anybody left in Pakistan who is yet to be maligned….The Attorney General for once is right to indicate impropriety on part of the CJ to be hearing his ‘bllue eyed son (just go back to 2005/2006 and see what he did with then DG FIA Tariq Pervez for objecting against Dr Arsalan’s induction in Police)…
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@A J Khan: “People should not give verdict till the court hears and announces its judgement”
The fact that CJ decided to bypass an independent inquiry by NAB and instead hear his son directly in Supreme court via suo moto. Also the fact that he will BE on the bench that hears his son’s case already are not good signs. There is a clear conflict of interest involved.
He has pushed NAB to act on Moosa Gilani’s case – why not same standard fr hi sone? Why try him before investigation is completed so he can get acquitted due to lack of evidence?
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CJ cannot hear a case against his own son. Recommend
For those who are objecting the composition of bench just for that reason, CJ himself hearing the case of his son,I challenge them to all, they put forward only one example ever in which any father belong to any department take step against his own son? pakistan is only one country where any father can’t ever think and dare to take any step against his accused son ,rather every father try to save his son even he is guilty so I am proud of My CJ and shame shame on those who are objecting the composition of bench they should feel shame including Asma Jahanger X president of SC.
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@Abid Akram Advocate:
Chaudhary has not done anything against his son so your challenge is pre-mature.
However this his action is against the rules of court (article 4). Chaudhary above everyone else should have set an example by following the rules. What sort of examples has he set by this action of his; that rules mean nothing?
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@Abid Akram Advocate:
You are right there is no more blatant example of mockery of justice. The judges should follow the law and not be the exception. Nobdy is quoting any law which allows to be a judge against their own family? In the courts one follows the constitution, and traditions not goes against them all.
Regards,
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@Abid Akram Advocate: “For those who are objecting the composition of bench just for that reason, CJ himself hearing the case of his son,I challenge them to all, they put forward only one example ever in which any father belong to any department take step against his own son?”
Are you really an advocate as your moiker suggests?Surely you cannot be aware that there is a conflict of interest in CJ presiding over a bench where his son is being tried? As for giving an example – Gilani asked a parliamentary committee to review cases against his son. So? In any case, even if tehre was no example, working of normal government canot e compared wit Supreme court. The Supreme court is the highest appelate court Recommend
This is a mala fide move that has the stamp of the current top leadership of the country writ large on it! Having failed to clear their names in corrupting scandals, they have now come up with an attempt to malign the Chief Justice by implicating his son in an alleged corruption scandal! Do they think the people are fools? Don’t they understand to what extend these devilish personalities can go? But they should remember, it is not easy to malign or harass the CJ. He did the best thing he could do under the circumstances: he took suo moto action at the rumours spread by the rumour mills of Goebel’s pupils.
The truth will be out soon, but the perpetrators of this mean trick forgot that even if the CJ’s son is found involved in some wrongdoing, they would fail to prove the CJ himself guilty of wrongdoing.
Unlike them, the CJ is a man of integrity and substance. He is not an accidental CJ, like the accidental president and Prime Minister! He is made of a much superior stuff.
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Chief Justice stands tall irrespective. May God be with him
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ED kindly check as someone other than me is using @Parvez. The second comment is not mine.
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Excellent move by the court. It should carry on punishing corrupt elite class who think they are above the law. Of course only if they are actually guilty, and not some conspiracy by Zardari and his cronies. Vote for Imran Khan if you to get rid of the corrupt elite mafia. There is no other credible alternative
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It is better for all who are commenting on this corruption case to visit GOOGLE and ask about allegations on Dr. Arsalan. There you will know what Mr. Shaheen Sehbai posted and said on youtube. It is very revealing. Dig out yourself and then post some qualified comments. Anyhow I think Dr. Arsalan is deeply involved. Anyhow, lot is being talked on morals so CJ should immediately resign from his office and if his son is declared innocent then he can come back.
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@Abid Akram Advocate:
One instance not so long ago:
Prime Minister Yousuf Raza Gilani formed a parliamentary committee to investigate drug case charges against his own son. Of course in this case media and judiciary were of the opinion that the committee would be ‘naturally biased’ and Supreme COurt saw it fit to take the matter into its own hands.
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Can some one explain,
Where is corruption here? Whose money has been looted or frauded!!!
A private citizen has lended money to a son of influential person who is also is a private citizen.
it should have been riaz malik who should have come to court for recovery of his money then case should have gone to session court
or if Arsalan has appraoched his father to decide cases in some ones favour? has that happened. it seems that CJ has noticed this realtionship only after this came into press?
suo moto for what?
this is a case which is more than stunt.
CJ is judge in his case? why
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It is unlawful and unethical to judge your own family’s corruption charges. The CJ took the case at will so no other agency could try his son. After the SC’s decision proving him innocent no other court could try him even after CJ’s retirement. The whole family with their money would live happily thereafter!
There are legal and professional ethics involved and the PCO CJ cannot act as tribal chief and a hero who tried his own son. The son would never be found guilty and would be spared from punishment which the NAB and other courts could have sentenced him. A real lifesaver for the son and a hero for naive tribal nature people. Remember Gen Mush had a list of corruption charges against the CJ? Was Mush and his fellow generals and coalition partners were all wrong?Recommend
Everybody knows how Malik Riaz has accumulated wealth. He was a clerk in the Railway and was dismissed. He is a most corrupt person. He has even bribed some Generals to escape from inquiries whenever he was trapped. Some generals are working as his employees and are on his pay roll. He has also links with the politicians including Zardari. He has close links with Zardari and in this case also it appears that Zardari has made this plot against CJP by involving his son and he has used Malik Riaz to defame CJP..When this came into the knowledge of CJP he has taken suomotive. His son should have told the whole affair to his father when any offer was made by Malik Riaz. Zardari and Gilani are fully involved in this heinous plot to defame the CJP. Let us see what happens next as Malik Riaz has fled abroad at the instance of Zardi and Gilani.
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CJ should do the following for fair trial :-
1 – Should put his son name in exit control list
2 – Should make panel of judges where he should not be the member
3 – should make a judicial commission to inquire all the matter
4 – should go on long leave till the decision of the case
and It is really amazing to see anchor persons like Kamran Khan & Javed Chaudary who were not finding words to comment against CJ or his son. Otherwise they were contineously talking against Musharaf, Zardari & PM
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Has anybody EVER openly admitted to corruption? Of course, he will deny the charge.
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@Aftab Kenneth Wilson:
What you think is irrelevant. It’s credible evidence which counts. If he is found guilty then of course he should be punished. But even then CJ does need to resign because he is not involved, the evidence is allegedly against his son. On the point of resigning now, well the PM has actually be convicted and he still is NOT resigning. So how you can call for CJ resignation when he has not been accused of anything is beyond me. Imran Khan is the answer to this countries dire problems. Vote for him everyone to save the country from this elite mafia who think they are above the law.
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A sad day yet again for Pakistan. If Pakistan was lucky to be able to produce one decent person in the form of Iftikhar Chaudary, the demented ruling politicians and corrupt business men did not waste time trying to mar his reputation just because they were not getting their own way. May Allah protect the CJ from these vultures. I am sure the CJ will come out of this mess with flying colours!
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