ISLAMABAD:
For the first time in the country’s judicial history, a son was summoned to the apex court by his father to probe a scandal that threatened the latter’s integrity. While several quarters raised their eyebrows citing conflict of interest, scores of people thronged the Supreme Court Wednesday morning to witness the historic proceedings.
Dr Arsalan Iftikhar stood before a three-judge bench headed by his father, Chief Justice Iftikhar Muhammad Chaudhry as the proceedings began.
The chief justice, aware of the dilemma, promised that if found guilty, his son will be convicted in the case.
Following media reports that Arsalan had received between Rs300 and Rs400 million from a real estate tycoon to influence judicial proceedings, the court had summoned him and Bahria Town’s chief Malik Riaz late Tuesday night.
Malik Riaz, however, did not appear before the court on Wednesday and a personal staff officer informed the court that he was in the United Kingdom, undergoing medical treatment.
Conflict of interest
Attorney general Irfan Qadir objected to the bench, saying it was “against the code of conduct” for the chief justice to hear this case. Justice Jawwad 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 most respect for this institution.”
Qadir, however, said that Justice Khwaja was being “very emotional” and should not hear the case either.
“Though [Arsalan] is my son, he will be dealt in accordance with the law if found guilty,” the chief justice said. “We can’t give concession to any party over the institution; and for the sake of its prestige, we can go to any extent,” he added.
The chief justice also said that the guilty will be convicted in this case.
In response to this, the attorney general said that not only must justice be done, “it must also be seen to be done.”
“Insha’allah, you will see it in this case,” the chief justice replied.
Justice Khilji Arif Hussain, the third member of the bench, said they would not spare anyone who would defame the judiciary.
The chief justice, however, recorded the attorney general’s objection and said that an “appropriate order” will be passed on Thursday.
Malik Riaz and son
In the absence of Bahria Town Chairman Malik Riaz and his son Ahmed Ali Riaz, Arsalan’s lawyer Sardar Ishaq sought some time from the court. The chief justice, however, refused, saying no concession should be expected.
An employee of Malik Riaz informed the court that he (Riaz) was in the UK undergoing treatment. The chief justice asked if Riaz had received the court’s summons, to which the employee replied that he had “not been able to get in touch as yet.”
When asked who took care of business affairs in Riaz’s absence, the officer took eight names including Malik Riaz’s son, Ahmed.
Vice Chief Executive Bahria Town Maryam Rehman also appeared before the court and said that the chairman was in London, while his son was in Dubai. She also said that Malik Riaz has resigned from his post.
Commodore Illyas, another official of Bahria Town, informed the court that board members are responsible for different projects of Bahria Town. Lt Gen (retd) Ehtisham, also an employee, said they have no knowledge of this scam.
Orders
The court summoned Malik Riaz and his son Ahmed for a hearing on Thursday (today), along with a complete record of allegations they have leveled against Arsalan.
The court directed chairman Securities and Exchange Commission of Pakistan to produce the entire records of Bahria Town. The court also issued notices to chief executive of Geo TV and anchors Kamran Khan, Najam Sethi and Shaheen Sehbai to appear before the court with evidence, since they hosted programmes on the issue.
Conspiracy against the SC
Speaking to the media outside the courtroom, Arsalan’s counsel said the court had taken no decision and had adjourned the hearing till Thursday, June 7.
The court had said that data relating to the case would be provided to the counsel in the next hearing.
“I feel this is a conspiracy to malign the Supreme Court,” Arsalan’s lawyer said. “We will expose the people behind this conspiracy,” he added.
Earlier, upon reaching the court, Arsalan had said that allegations against him, of receiving money and lavish foreign trips from Bahria Town, were “baseless.”
He added that he was “not allowed to go back home” until the court gave its verdict.
Published In The Express Tribune, June 7th, 2012.
COMMENTS (18)
Comments are moderated and generally will be posted if they are on-topic and not abusive.
For more information, please see our Comments FAQ
Malik Riaz : using name of bahria without having no shares of bahria in it, he has 9 retired generals on his pay rolls , A on service colonel is his staff officer ...... and to top it all , he was a clerk in MES (Military Engineering Service) and become a millionth in few years ..... how ? people will know now inshaALLAH !!!
May justice prevail ...Ameen
Now people! Zardari was right from begining. Salute to the President!
Face saving at its best ;) Instead of resigning from his post on moral grounds, the honorable CJ is using his position of influence to his own benefit, i.e proving his innocence. The fountain of justice, torch-bearer of righteousness and self-proclaimed champion of morality seems to have forgotten the classical principle of Ex parte McCarthy's case which laid down that justice should not only be done but should manifestly seen to be done. This seems rather inappropriate for a 'jurist' of his 'caliber' who has received multiple international juristic awards. Pity the nation whose sages are silenced And whose bigots rule the airwaves Pity the nation that raises not its voice Except to praise conquerors And acclaim the bully as hero
Prince Saleem appears before King Akbar but i suspect present king may not able to do justice like the old king.
Great people make histroy like our honourable chief justice Mr. Iftikhar Chauhdary, who did not even hesitate to summon his own son in the courtroom like a common man. This has also proved a blow to those who wanted to see the judiciary as a disgracefull entity. Now people like Haji Adeel and Raja Riaz should keep silent as they have nothing to say anymore.Judiciary has proved that there is no one above the law, not even the nears and dears of the judges. Those who have chosen the path of mudslinging on judges will be vainshed in the dust of histroy while only truth will prevail. We fully support our honourable CJ and his great caompanions. S.M Zaki,Quetta.
The Chief justice should read the code of conduct that he himself established in 2009.
@ahmad: Quoting Nadeem Paracha I see.
Before the extension ends the PCO CJ wants to make sure his son's name is cleared for good. Who can challenge the acquittal by the SC and try him ever again? That is the reason the Choudhry wants to go for the case by himself ASAP. No NAB, no other courts or commission not even HC, but straight to SC and its CJ would take care of everything like a tribal chief.
dont forget young man is above the law.
If judiciary & military involved in corruption, then it's a trick. If politicians involved, then it's an outrage!.... This shows that the rats kept munching on the cheese while loudly decrying that the cat had hidden it in a Swiss fridge.
Is Arsalan placed on ECL by CJ as he did to Haqani on mere allegations?
wishful thinking....!!! someday the Son of CJ will be the President of Pakistan . . .??
“Though [Arsalan] is my son, he will be dealt in accordance with the law if found guilty,” the chief justice said. “We can’t give concession to any party over the institution; and for the sake of its prestige, we can go to any extent,”
Just No Problem SON . .. I m there
Supreme courts starts questioning about the missing people of Balochistan. There are 7 army general on the board of bahria town including an ex ISI head. Then this scandal comes up, any guesses who is pulling the strings here?
on moral grounds if there is any . . .?? the CJ SC just like HH should first resign . . .!!! then the people trust SC earlier verdicts against PPP and to knock them out in the coming elections . . .!!!
It will help establish creditably of CJ if he also include in his trial the issue of how Arsalan was admitted to Bolan Medical Collage and how he was promoted to 18 grade in a year from17 grade and transferred from Baluchistan Government to federal Government and from Health department to FIA and then to Police, and training and trip to foreign countries, otherwise whole trial will be a sham and Actually Malik Riaz will be prosecuted and token prosecution for Arsalan.
Isn't he married and living on his own? He is a well off person (wink wink) surely he must have his own dwelling?