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.”
COMMENTS (66)
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Will Shafie Gilaniwill do Gallup Survey to find out what personage of Pakistanis are in favor of CJ now.
@ishtiaer hussain: Well said now everyone is questioning this is the judiciary for which we struggled to restore it Mr.Ali Ahmad must be asked
Now a deal is possible between pco judges and govt.
Arshan nobody dare to expose your & dady corruption until you uncle judges are alive: SC decision in reality...
Benazir was sitting Primeminister, Shoaib Suddle was the Police chief when Murtaza Butto was killed in a police action. Zerdari and Shoaib Suddle were suspect. What is going on in this country?
Unfortunately most of the people in Pakistan do not know what type of network Malik Riaz has put in place with his ill gotten money to safe guard his empire built on the Government lands grabbed through the jugglery of corrupt patwaris. Malik Riaz has totally destroyed those institutions which are responsible for checking corruption in the country. There is hardly any one in the hierarchy of our investigative machinery who is not on Malik Riaz's pay roll. Like many others Bukhari is also his paid servant and can never dare to ignore Malik's interest. On the other hand Suddle is a respectable person and perhaps the best qualified man for this purpose.
@Khalid Kazi: All the names mentioned by you in your comments are the known thieves of this country. It is primarily due to their family influence on the NAB/FIA that these individuals are not behind the bars.
All jiyalas are out in full force against judiciary. All this is an effort to save Zardari from prosecution, successful so far. When whole govt machinery and NAB is working for PPP, Zardari, and Malik Riaz then it is difficult to find an unbiased forum of investigation.
New precedence of extra judicial act in the court of law. pity on the court of uncles.Can lawyers quote this order in the new cases or this will be buried like Bhutto case.
Don't expect tremmors-It's high profile case.Experts judge the outcomes on the patron of the history of the previous high profile cases.Is there any such precedent!
I am little confused here, should not this be the executive branch of the state? Looks like "MeLaad" is inventing a new constitutional arrangement for running of state affairs in the land of pure, good luck!
We are eagerly waiting for justice, all the nation want to see the justice to be practice.
@aslam z- Even that small group forms part of common public. yes majority doesn't read :)
Musharraf was right after all! A one sided judgement. Those requesting a commission to investigate charges against must be accmmodated! Will they?
Can any one tell who should be the next CJ ?????????? Malik Riyaz will be the best choice i think ?
Shoaib Suddle should keep himself away so this will only make him bad, what so ever the outcome of this commission will be!!!!!!
@abs sorry to say common man does not read et.....only a small portion does
There can not be impartial inquiry unless uncles and DAD step down. Way to go for Arsalan Empire.
Yes..but whole nation should be greatful to the presiding judge that at least he did not invoked islamic justice system or referred to the justice executed by Hazrat Omer (RA) kilo
Wish Iftikhar Chaudry reads ET and comments from common man in Pakistan, he would know how famous he is for his biased attitude
Another low for the Chief of Justice in Pakistan. He is naked for all to see now. Now we all sit and wait for the hard fall which is inevitable.
Proves only one thing... CJ was personally involved in the crimes of Arsalan Iftikhar.
KUMBA PARWARI It is an old tradition why to change it
Can any of you name 16 judges ... 14... 10...ok, 7..... 5 please..ok, just 3... sorry I can only name one judge... that's Chief Justice of Pakistan, Mr. Justice Iftikhar Chaudhary...
CJ we know he is your son, but why your justice is for your relatives and PML-N benefit...Justice has to be blind but i guess you thought people are also blind....so let me say We are not....
The court has done the right thing. An impartial inquiry by NAB under its present Chairman is just not possible. Present chairman has been working as Malik Riaz's subcontractor and has also been appointed as chairman NAB on Malik Riaz's insistence. On the other hand Suddle is also very close to Zardari but still one can expect a reasonable degree of impartiality from him.
biased judjes biased decision. double standads.
Good judgement. Nation should appreciate it.
Ha Ha Ha, thanks to Uncles,
I can smell revolt in this pronouncement. Individual will be sacrificed for institution.
guys its very easy to criticize the others, you could better know that how many among us never used any kind of influence in our life time. its our habit now to blame others instead of improving ourselves. in this case who does not know Malik Riyaz and its influence on NAB or even President or PM. what is the conduct of Aitzaz in Gilani case (remember he has been supporting the courts decision on NRO then became a party when offered Senate Seat) same is the case of Asma Jahangir in Haqqani case. im not supporter of Arsalan but atleast any kind of inquiry should be transparent. Don't know that inquiry officer was giving protocol to Malik Riyaz while he appeared in SC? NAB chairman was appointed on the recommendation of Malik Riyaz, how do you think he is not biased in this case. Where is the NAB inquiry in NATO containers case which is pending since May 12, 2012.
All judges deliver unanimous verdicts without a single dissent note whatsoever. This has never happened in the history of humankind. No judge can dare write a dissent vote against the consent of PCO CJ. He decides any verdict and all the judges agree to it. I can predict all verdicts of the judges with 100 percent accuracy. I predicted that NAB would be stopped from taking up the case. This is the worst form of judicial dictatorship.
Dr Shoaib honest person with credibility
Former PM Yousaf Raza Gillani also raised objection to the biasedness of a judge hearing a contempt of the court of petition in the Supreme Court. But his objection was turned down. DOUBLE STANDARD.
Being a retired government official, I have a few cases pending against me in NAB. Being a citizen of Pakistan, I also request for the formation of a commission to investigate allegations of misappropriation against me. But no commission will be constituted because I am not the son of the Chief Justice of Supreme Court but an ordinary Pakistani. This corrupt PCO CJ and his corrupt son must immediately be thrown behind bars.
How could the judges force a person (Dr. Suddle) to probe this? Have they discussed it with him? If so, under which capacity? This is getting too nasty!
guys its very easy to criticize the others, you could better know that how many among us never used any kind of influence in our life time. its our habit now to blame others instead of improving ourselves. in this case who does not know Malik Riyaz and its influence on NAB or even President or PM. what is the conduct of Aitzaz in Gilani case (remember he has been supporting the courts decision on NRO then became a party when offered Senate Seat) same is the case of Asma Jahangir in Haqqani case.
This would haunt the CJ & his loyal brother judges. This is why it is said that People Living in Glass Houses should not throw stones at others.
I think we should bring back all PCO judges. Present ones are only pawns in others hands. One Man Commission means One Man Show.
Before we start Criticising the court lets be honest Shoaib Suddle is a man of repute he is regarded as a competent individual and I am sure he will conduct an independent inquiry!
Before any further rants, please remember that Shoaib Suddle is one of the accomplished police officers in the history of Pakistan. In any case, he is a far more capable man than the NAB Chairman...
CJP Arsalan Iftikhar Chaudhry strikes back...
Supporters of CJP need not to comment today .... they already got the desired favour
Do we need anyother proof that this judiciary is baised ?
All people were expecting that SC will give protection to Arsalan. It is one of such judgements where judiciary is showing its prejudice and oversteppings. It has byepassed a state institution i.e the appex anti corruption institution NAB which has legal authority to investigate financial crimes. Discrediting NAB is not in the interest of justice and the country. It will also bring bad name to the judiciary and leave behind bad precedent. We now call that action of Musharraf to sack Iftikhar Ch was right and in the best interest of the country. Anyhow, a sad day in the history of Pakistan judiciary.
Musharraf has been vindicated. We miss you Sir.
NAB chairman is biased and appointed by Zardari
what else can we expect from the so called " azaad adliya ". have different rules and regulations for chief justice'son.. what about the others?
If the supreme court uses personal biases as a reason to shut down the investigation against the CJ's son, then the supreme court has also become a party in this case and it must excuse itself from the case. I believe the court is creating a wrong precedence in this case and creating a situation where the state institutions will be rendered incapable of functioning. The court in this case is being obstructive in investigation and trying to protect the CJ's son....so much for independent judicary.... Well the history speaks for our judicial system and it's role in sanctioning anti constitutional acts.
The formation of commission will now be objected by Riaz Malik's Lawyer on the same grounds on which Arsalan objected Joint Investigation Team. Now Riaz can say that the commission will be influenced by the presence of Chief Justice as they are his friends, junior colleagues and brother Judges. Why couldn't correct course of Law be followed? Just because the accused happens to be son of Chief Justice. This is a case of corruption and inducement and it should have been investigated as all other cases of bribery and graft are handled. Court should not set new precedence which will be difficult to follow universally.
Delaying tactics so as public should forget Arsalan misdeeds!
Long Live The Dad!
Nonsense! Soon everyone having anything to do with NAB will ask for a commission!
Favoritism at its best...... Why waste time, declare him innoncent?
Uncles have successfully saved Arslan Ch. So much for this Azad Adlia!
we should not forget that Arsalan is the son of CJ, he knows how to trick whole nation. Why cant we understand how CJ manage to throw away the JUDICIAL REFERENCE which was prepared during Musharaff.
I wish if the court shows the same flexibility in other party's review petitions as well.
getting deeper and sinking faster soon will be losing steam
The higher you go the harder you fall
Double Standards.........
Trailer made justice for Son of CJ. No objections were heard in case of Munis Elahi, Abdul Qadir Gilani, Hamid Saeed Kazmi or Haqqani. But in this case you raise any objection and is heard. Tailer made for Iftkhar. Well done Arsalan's uncles well done.
Well done supreme court Your impartiality is now for the nation to see.
Arsalan Iftikhar is more respectable, powerful and enjoy favors and benefits of supreme courts than our Prime Minister! Musharraf was trained to sense the danger and act accordingly for many years in Army and what he did in his tenure was absolutely correct. Now see what Ali Ahmed Kurd said, what Ahtazaz Ahsan is saying and what Asma Jahangir is crying for, check out yesterday's interview on BBC Urdu.