Suo motu: Chief justice detaches himself from son's case

Published: June 7, 2012
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Irfan Qadir objected to the chief justice's inclusion in the bench once again as the hearing began. PHOTO: FILE

Irfan Qadir objected to the chief justice's inclusion in the bench once again as the hearing began. PHOTO: FILE

ISLAMABAD: Chief Justice Iftikhar Muhammad Chaudhry has decided to distance himself from the case pertaining to the financial impropriety scandal against his son Dr Arslan Iftikhar, Express News reported on Thrusday.

As the financial impropriety scandal hearing began in the Supreme Court, Attorney General (AG) Irfan Qadir, once again objected to Chief Justice Iftikhar Muhammad Chaudhry’s inclusion in the three-member bench to hear his own son’s case.

The chief justice, however, chose not to put much emphasis on the attorney general’s comments and proceeded with the hearing but later decided to quit the bench.

“The Quran says you are responsible for your own actions, not your children’s,” the chief justice said.

“We have faith and we believe in Allah,” added Justice Chaudhry.

A two-member bench resumed the hearing after the break. The court, in its short order, asked for details regarding all agreements on joint projects between the government and Malik Riaz and ordered for his taxation documentation from the Federal Board of Revenue (FBR).

The court further summoned both Malik Riaz, who, according to his lawyer was unwell and his son.

AG Qadir objected to the two-member bench, saying that it was too small. In the short order, the court directed him to refer the matter to the chief justice.

Earlier, Qadir had objected to the bench, saying it was “against the code of conduct” for the chief justice to hear the case.

A senior anchorperson of a private TV channel, while recording their statement, claimed that Malik Riaz showed them documents according to which Riaz’s son-in-law financed all purchases and payments for Arsalan Iftikhar while he was in London.

No evidence to prove the same was presented.

The court had earlier issued notices to the 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.

“I feel a suo motu notice should not have been taken,” Zahid Bukhari, Riaz’s lawyer, told the media.

The Supreme Court ordered Riaz and Arsalan to submit written statements and adjourned the hearing till June 11.

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Reader Comments (64)

  • Not me
    Jun 7, 2012 - 12:37PM

    I hope the Hon Supreme Court gets to the bottom of the case and get the facts and punish who ever it may be however high or small.

    I hope it is proved that the laws are for all: the rich and mighty and small and helpless citizens

    Let justice be done

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  • Anmial Farm - Desi
    Jun 7, 2012 - 12:39PM

    Well, he got the ‘desired publicity’! Going by the rate of high-potential-publicity sue motto cases, it is clear that soon he will be starting his political career…. Oh he has already in…!!

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  • Asim
    Jun 7, 2012 - 12:43PM

    CJ’s son is as corrupt as PM’s sons … every1 knows.. using his father’s post as a shelter !

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  • Uzair
    Jun 7, 2012 - 12:47PM

    Chief Justice makes perfect decisions. He leaves no room for criticism for those who have animosity towards SC. Bravo Mr. CJ =)

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  • Faisal Goraya
    Jun 7, 2012 - 12:51PM

    Zindabad Chief Justice. Good decision to part himself away from the case of his own son, Chief Justice did a great job. Also Quran mentioned that nobody is responsible for the actions of others.

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  • Some one
    Jun 7, 2012 - 12:51PM

    ET: please correct your report, no notice have been issued to journalist Najam Seithi.

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  • MAD
    Jun 7, 2012 - 12:53PM

    hmmm Malik Riaz directly implicated today.

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  • Parvez
    Jun 7, 2012 - 1:04PM

    He has chosen the moral high ground.

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  • ishaq
    Jun 7, 2012 - 1:05PM

    It doesn’t matter because the other Judges will follow which
    CJ himself wants. Unfortunately in every decision Supreme court
    Judges are not acting as independent judges they are acting as
    one which can’t be seen in other supreme courts of the world.

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  • Gul Metlo
    Jun 7, 2012 - 1:31PM

    Dr Arslan got admission into medical college because he was son of a high court judge.

    He became a section officer , then got into FIA , promoted to 18 grade- all because he was a son of a Supreme Court PCO judge. Mishap happened when the govt. was pressed hard to induct him into police service of Pakistan.

    He has became a business tycoon, spends lavishly on foreign trips, and black mails another dubious business house because he is a son of CJ of Pakistan.

    We are told that CJ and his family are unaware of all his deeds of last over 15 years. They just happen to be living under one roof and spending lavishly on foreign trips including at Harrods.

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  • Aristotle
    Jun 7, 2012 - 1:33PM

    Irfan Qadir should keep quiet…I am sure he will set an example…

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  • Beatle
    Jun 7, 2012 - 1:43PM

    Where are the people demanding PM resignation on fraud allegation on his son(s)?
    Isn’t it the similar situation?

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  • Beatle
    Jun 7, 2012 - 1:50PM

    Its the perfect time now to raise several other questions related to Dr. Arsalan and his father, like:
    1) How did he get admission in Medical College out of merit?
    2) His appointment as doctor in Baluchistan, also out of merit.
    3) His transfer from Hospital to CSS officer (Police Cader), again out of turn.

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  • memon
    Jun 7, 2012 - 1:54PM

    I think damage is already done . No one can undo this . I am not CJ supporter but it is always in back of mind that all the criminal feel fears from CJ and now his position is undermine . Honorable CJ or Judges do what so ever damage is already done.

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  • dr.bukhari
    Jun 7, 2012 - 1:57PM

    Anyone conspiring to malign judiciary won’t be spared: CJ Iftikhar

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  • elcay
    Jun 7, 2012 - 2:25PM

    @ Ishaq, and what about those who have instigated Malik Riaz and others to bubble up the issue?

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  • Jun 7, 2012 - 2:38PM

    I don’t think it matters if the CJ is a member of the bench or not, because if he wants to, he can easily influence the case from the sidelines. In fact, I feel that he would be under even greater scrutiny if he was on the bench. Anyways, we trust you to do what is right, sir!

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  • ReHaN
    Jun 7, 2012 - 2:41PM

    Wise decision by CJ!

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  • Jun 7, 2012 - 2:42PM

    @Anmial Farm – Desi:
    Dear Sir, He has already got a good name. Occasions of the type you are referring to, are none of the needs for his increasing his marvelous reputation. I dont think it is right time to show malice for his future programs, if these are known to you. Regards

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  • Light
    Jun 7, 2012 - 2:46PM

    ok haters…whats your next arguments against CJ?
    till yesterday, you guys were yelling that CJ is going against the law by deciding his own son case. Now he is not.
    So whats next lame objection you guys have? Mirza? jialas? :P

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  • Jun 7, 2012 - 2:54PM

    Let’s for a while forget if CJ is compared to Caliph Umar (R.A). PPl shouldn’t be judged by the perceptions they carry but thier actions. And looking through the actions, CJ’s integrity is above board and suo moto against arslan is a commendable act. Arslan’s being corrupt -if he is proved so- is not Iftekhar ch.’s fault as CJ, it is his failure as a father which shouldn’t sound like a blast to anyone; after all how many honest parents have corrupt children and, honest offspring hv corrupt parents: it is a societal dilemma more than it is the dilemma of one family. Our nation is yet to learn to give the devil his due.Recommend

  • Maryam Tahir
    Jun 7, 2012 - 3:23PM

    The nation Salutes you,Chief justice!

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  • Umer
    Jun 7, 2012 - 3:31PM

    @Parvez:

    He has chosen the moral high ground.

    How? He was practically forced to quiet the bench, where is moral high ground in this?

    His statement;

    “We have faith and believe in Allah,”
    added Justice Chaudhry.

    is that of a party and not of an independent judge.

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  • Mehran
    Jun 7, 2012 - 3:32PM

    Shaheen Sahbai was one who broke the news on youtube. He is linked to Jangµ/Geo group and all anchors are also related to same media group.Recommend

  • Mahmood
    Jun 7, 2012 - 3:40PM

    Bubbles floating on surface (Malik Riaz &Co+ Zahid Bukhari+Asma jhangheer) of said issue
    seems to telling a whole story.

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  • Umer
    Jun 7, 2012 - 3:57PM

    @Shafiq Haider Virk:

    CJ’s integrity is above board

    Exactly how? Has he setup a commission against Arsalan like he immediately did against Haqani? Has Chaudhary put Arsalan on ECL as he did to Haqani? Just two small examples.

    What about all cases against PPP and not much against rest of political parties?

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  • Freedom Seeker
    Jun 7, 2012 - 3:58PM

    We will see full action packed story unveiling. On one side CJ and son and other side Real estate tycoon of Pakistan. Lets see who will be hero and who is villain.

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  • M.Rizwan Ali
    Jun 7, 2012 - 4:00PM

    The CJ”s son, before also involved in one BMW case, again now in another case, really he is such guy,
    Need clearifiation from CJ
    in Public

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  • salim
    Jun 7, 2012 - 4:09PM

    Questions are being asked of the many in Malik Riaz’s team but it seems no one is questioning this blue eyed boy despite senior anchorpersons have said that they have seen documents which could be damaging!

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  • Uza Syed
    Jun 7, 2012 - 4:22PM

    Surprised at all these congratulations and salutations, for what—— The man should neevr have even attempted to hoodwink us to begin with. What’s the rational of not being a judge for his own cause, what is ‘conflict of ineterst all abou’t, of all the people him! we need not teach this man sitting at the top of the highest judicial forum at our cost, he should know the basics, I’d think.

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  • Aftab
    Jun 7, 2012 - 4:28PM

    I have complete faith in the Supreme Court. He will dispense justice as he has proven with his actions in the past. This corrupt government (PPP & PMLN) need to be removed as soon as possible through the ballot box. Hope Imran Khan wins the next free and fair elections to bring about a revolution in this failed state.

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  • Saif
    Jun 7, 2012 - 4:35PM

    It is unbelievable that Chief Justice is not aware of the lavish life of his son and the trips of the family abroad and how a government servant in his fair means can afford private trips abroad? What were the assetts of Ch Iftikhar before becomming a Judge? Whether he was unaware about the induction of a Doctor into Police service and then posting him into FIA? Is there any precedent? In this country every one is corrupt and abuses his powers once gets a chance and Chief Justice is no exception.

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  • Mubashir
    Jun 7, 2012 - 4:35PM

    Common sense prevailed. It is not easy to do favors.. when u know that each and every word u say and gesture u make is under scrutiny. We should be proud of our CJ. He receives commendations from the International Judicial Committees. Let us Trust him and give him his due respect and appreciate his brave gesture.

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  • Saif
    Jun 7, 2012 - 4:41PM

    Let what the gentry like to do with poor masses? Generals, politicians, judges or bureaucrates are the same breed.

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  • neutrino
    Jun 7, 2012 - 4:42PM

    salute to CJ… The losers will criticize no matter how fair the trial goes.

    The fact of the matter is: when will the governement be caught for their wrong deeds? they do it even though they know that evybdy in the world knows that they are corrupt?

    Thats the real matter ladies and gentlemen.Recommend

  • Jun 7, 2012 - 4:45PM

    media is just over rating this issue. just let it go like a normal case. I wonder what is the agenda behind this

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  • Jun 7, 2012 - 4:51PM

    justice iftikhar cahudhry realised in time not to continue sitting on the bench hearing a case involving his son who is also the son-in-law of a general. he is not responsible for his sons acts of commission unless it is established that he facilitated his son’s benefactor/s.unfortunately few members of the higher judiciary in pakistan have stood their ground and resisted pelf and power.
    husain naqi

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  • Sachal Sarmast
    Jun 7, 2012 - 6:10PM

    History is against both Arsalan and CJ but no body should forget, for it would be a unforgivable sin to do so, that CJ along with Nawaz Sharif is standing like solid rock between civil setup and military takeover.
    it is due to their role that gave courage to Mr.Zardari and Mr. Gilani to challenge self-righteous adventurers and, first time ever in the history of Pakistan, to sow the seeds for civilian supremacy in the country.
    please be careful in your comments. do not get blinded with the unfolding drama. Arsalan, if found guilty, must be punished but stature of CJ should not be undermined as this definitely will harm civil rule in the country.

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  • ahmad
    Jun 7, 2012 - 6:12PM

    Will someone please tell me who is an accused in this bribr case…??
    Arslan or Bahria Town and Riaz Malik…!!
    If it is Arslan then why the jugdes are so much hostile and enraged against Bahria Town and Malik Riaz that it appears they are going to tear apart both…

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  • Imran
    Jun 7, 2012 - 6:23PM

    The dialogs in the courtroom remind us of Shehan shah-e-jazbaat! This is not how the supreme courts are professionally run.

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  • Rahim
    Jun 7, 2012 - 6:26PM

    Those who claim to know Arslan closely say this is just the tip of iceberg.The floodgate will open one by one during the next 4 months…

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  • A.S
    Jun 7, 2012 - 6:27PM

    It is best if CJ recuses himself from the case because there is a clear conflict of interest here.
    Very pleased to see that the CJ took the right decision.

    Perhaps the Supreme Court should not push a religious rhetoric (that is the job of the clerical orders). Perhaps the legal profession and the courts perhaps ought to be embracing a secular, rational, philosophical and moral (ethical) code.

    Similarly we cannot support our arguments and moral stances with constant reference to religious precepts. Truth stands on its own without reference to some holy book or divine authority. This goes for everyone even those who are reforming people within a house of worship perhaps.

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  • anonymus
    Jun 7, 2012 - 8:19PM

    Can some one explain
    Where is corruption, and this case is about what?

    Has malik riaz approached any court of law that Arsalan has frauded him in business and he want money back?
    Has CJ registered case agaisnt malik riaz that he was influnecing him through his son by showering money on his son. CJ did not know about that connection till case was brought into media?
    how respect of Judiciary is at stake when two private people are having business transaction and none of them has approached court?
    will judiciary be in disrepute if progency of any judge commits crime?No
    Corruption , is governemnt looted? has governemnet powere misused?
    suo moto for what? are allegation wrong, or why malik riaz was giving momey? was he blackmailed?

    can some one explain

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  • Tahir Younus
    Jun 7, 2012 - 8:26PM

    @Beatle: Who demanded PM’s resignation in his sons’ cases, don’t make false statements dear, PM was asked to resign because of contempt case. So there is no case of resignation here.

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  • Tahir Younus
    Jun 7, 2012 - 8:35PM

    @Umer: What a twisted argument. Haqqani issue was linked with national security, however feeble it was, Our security institutions did also believe in memo case, Haqqani’s name was rightly put on ECL keeping in view his later conduct of not returning to Pakistan despite assurances. Don’t compare apples with oranges.

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  • Umer
    Jun 7, 2012 - 8:46PM

    @Aristotle:

    Irfan Qadir should keep quiet…I am sure he will set an example…

    Irfan Qadri did Jihad by standing for what is right. Chaudhary eventually had to listen to him. Kudos to Irfan Qadri for standing for nation’s right to a free and fair judiciary.

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  • Jun 7, 2012 - 9:08PM

    @Gul Metlo:

    I have read somewhere that it all happen within the last 3 yrs.

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  • Jun 7, 2012 - 9:12PM

    @Beatle:

    PM was asked to step down coz he is convicted by the SC. Once convicted he cannot hold office of MNA and PMs post as per constitution. He was never ask to step down coz of his sons.

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  • Umer
    Jun 7, 2012 - 9:33PM

    @Tahir Younus:

    What a twisted argument. Haqqani issue
    was linked with national security,
    however feeble it was

    Everything should be governed by law and in law you cannot punish someone just on allegations national security or not. Concept of national security is already abused too much in our country. Haqani was right not come back owing to threats to his life. Everyone has the right to protect their lives.

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  • Jun 7, 2012 - 11:47PM

    I think this is a good decision of CJ and we should have the courage to appreciate if any one doing a good thing.. and CJ is i think in our country history justice system the first judge who call his son to appear in court before a father its a brave decision .. and now i think this is not a some kind of secret case that CJ will influence the decision or proceedings and we hope that all those who involved in this case should appear on front o court with solid proofs so that rest of country can know that what was the game.. all about…

    Good luck SC.,.

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  • leila rage
    Jun 8, 2012 - 12:01AM

    @light: the argument is that if this case gets proved, then look at what sort of a son he raised. If the son is like that, then how can the father be thought of as an upholder of justice.

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  • Aftab Kenneth Wilson
    Jun 8, 2012 - 12:32AM

    Suspects in our country are picked up along with their adult family members, even they don’t spare elders. This is done to extract evidence. Here, of-course offense if committed is not done by ordinary citizen but son of a Most Holy Cow. If our CJ and the nation is really interested in fair trial then Chief Sahib should ask for leave and move abroad until his son’s case comes to any conclusion. If CJ stays in the country his brother judges will be under influence. Why not question the wife and other adults in the house of Mr. Arsalan’s activities. He was on foreign tours and not alone. Higher Morals say so.

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  • pmbm
    Jun 8, 2012 - 2:31AM

    @A.S
    SIR, Those comments would be true for anti-religious ideology like communism. Reference to clerical monopoly on religious thoughts belongs to religions with clergy.Islam has a rational philosophy,and very moral ethical code which every Muslim is expected to know and live by,judges and people in responsible positions even more so. No need for mullahs to minister the religion.

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  • Jeffmahagaonvi
    Jun 8, 2012 - 2:37AM

    The CJ’s son has also been involved insome doubtful dealings in the past &
    now once again. A spoiled child.

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  • curious
    Jun 8, 2012 - 2:47AM

    Money is the root of all evil is true.

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  • Bloom
    Jun 8, 2012 - 2:48PM

    CJ should resign after all this and case must be heard by judges afterwards

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  • GS@Y
    Jun 9, 2012 - 1:19AM

    @ Leila Rage: That is not a valid argument. The son is an adult and responsible for his own decisions. Get your thinking straight.

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  • Aftab
    Jun 9, 2012 - 3:21AM

    @Aftab Kenneth Wilson:
    We have just had it confirmed that Malik Riaz has completely denied saying anything to the journalists. His lies are transparent. So there is no allegation, let alone an investigation. Of course, some people would want CJ to leave country under any pretext in order to rig the upcoming elections yet again. This incompetent deceitful government is finally going to be thrown out in a democratic way. Vote for Imran Khan to save the country

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  • Aftab
    Jun 9, 2012 - 3:29AM

    @leila rage:
    CJ is probably more honest and just than all the government (PPP & PMLN) put together. There is no evidence to support the allegations yet, let alone proof of guilt being established. If we go by your argument, then have a look and at Gilani’s children. He has moved heaven and earth to prevent them from being investigated for corruption. He himself has been convicted. And lets not even go towards Zardari. CJ has come out stronger than ever from this childish attempt to destroy his credibility. His son might well be guilty, IF proven with credible evidence. But it still does not effect CJ credibility at all.

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  • Bilal
    Jun 9, 2012 - 3:39AM

    @Not me:
    what world do you live in?
    laws for rich and poor, dude i know people fighting their cases for last 12 years and still going. So please don’t generalize based on what you read at tribune. Their is still alot to be done.

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  • Bilal
    Jun 9, 2012 - 3:40AM

    @Uzair:
    I can see perception playing into your comment. It’s sad to see, people don’t evaluate critically.

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  • Bilal
    Jun 9, 2012 - 3:46AM

    @leila rage:
    is your father responsible for what you choose to do now? not that I support CJ but come on you’re argument is flat stupid haha. WOW

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  • Jun 9, 2012 - 10:30AM

    resignation forthcoming !

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  • Expatriate
    Jun 9, 2012 - 2:35PM

    There is no smoke without fire.

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