Accepting Dr Arsalan Iftikhar’s review petition on Thursday, the Supreme Court (SC) ruled that it was unsatisfied with the National Accountability Bureau’s (NAB) inquiry into the financial impropriety case against the former.
Questioning NAB’s role in the case and its two letters addressed to the SC registrar, the court snatched all investigative authority from the bureau and constituted a one-member commission, comprising former police official Dr Shoaib Suddle, to probe the case.
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 be able to call assistance from lawyers and deploy state machinery as needed.
The commission will launch an inquiry against property developer Malik Riaz, Dr Arsalan and Riaz’s son-in-law Salman Ahmed. The commission would also probe SP Faisal Bashir and his subordinate officer’s link with Riaz along with their professional misconduct.
The SC’s judgment was immediately rejected by Riaz’s counsel Zahid Bokhari. Talking to media at the Lahore High Court premises, he said the court should have constituted the commission after hearing both parties in the case.
“Appointing an investigating officer on the will of one party is both illegal and unconstitutional,” he stated. Bokhari maintained that Dr Arsalan never countered the allegations he faced and chose to criticise NAB’s investigation instead. He added that it seemed Arsalan’s attempt was successful following the SC’s judgement.
Bokhari further said that his client intended to challenge the formation of the commission.
Clarifying Suddle’s appointment, the court said it was satisfied with an earlier report he compiled in the Nato containers’ case and termed his findings ‘commendable’.
Dr Suddle currently serves as a federal tax ombudsman. He formerly served as Karachi police deputy inspector general (DIG) from June, 1995 to November, 1996. Dr Suddle completed a PhD in white collar criminology from the University of Wales Cardiff in 1988. He was also responsible for co-drafting the Police Order 2002.
Earlier on Tuesday, the SC reserved its judgment on Dr Arsalan’s review petition challenging the June 14 order regarding allegations of financial impropriety between him and Riaz. The ruling had directed the attorney general to ‘act in accordance with the law and bring all culprits in the case to book’, and granted him access to state machinery in this regard.
Following Arsalan’s objections pertaining to NAB’s joint investigation team members, bureau chairman Admiral (retd) Fasih Bukhari dissolved the team and decided to probe the matter himself.
However, Arsalan took the matter back to the court, arguing that Attorney General Irfan Qadir did not act in accordance with the court’s verdict and referred the matter to NAB with mala fide intentions.
Attorney general summoned
Meanwhile, the SC has decided to summon attorney general Irfan Qadir over ‘rude conduct’ with the judges during the hearing of the Arsalan Iftikhar case.
“The allegations against the attorney general are supported by the judicial record,” read the apex court judgment released on Thursday. “The office shall therefore issue a notice to the attorney general.”
The court also turned down a submission by Zahid Bokhari in favour of Qadir, observing that it was based on a misconception of established legal norms. It held that it was disturbing to see the attorney general transgress his limits by writing an objectionable letter to the National Accountability Bureau (NAB) chairman and adopting unusual conduct with the court during the case proceedings.
(With additional input from our correspondent in Lahore)
Published in The Express Tribune, August 31st, 2012.
COMMENTS (13)
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@butt jee - my last response to you didn't get approved by the moderator so this is a toned down version. Criminals like Malik Riaz exist because of judges like ifthikhar and front men like Arsalan. Malik Riaz isn't the cause, the cause sits in the courts of Pakistan. I don't know what your standards are but to me a judge who steals a penny is much worse than a criminal who robs a bank. If we clean our judiciary then our society can be cleansed otherwise the same corrupt and incompetent people will rule and control us.
@Shahzad: I am not very sure about the conduct of judges, may be they are favouring Arsalan in this case but one thing about which I am pretty sure is that today there is no bigger criminal in our country that the owner of Bahria Town. Any body who matters in this country is on his pay roll. Today NAB has become a subsidy of Bahria Town. How can you expect a fair and impartial inquiry from an organization whose chairman presents himself to Malik Riaz every day to get his instructions.
I am looking forward to the day when the people of Pakistan will get their revenge from these criminals posing as judges. Chaudry and his henchmen still have time to resign but not much. If they don't resign then the wraith of the people will be upon them.
during the first 60 out of 65 years of our life we,as a nation, preferred , army over the elected members, and now, over the last 5 years, we preferred judiciary over the elected members. we, therefore, should not be surprised on the absolute-power show by the judiciary.
The Justice has shown true colors May Allah help us
@Ahmad Hassan Awan: It is a misconception that judges have made any effort to save Arsalan. I think Suddle is not likely to budge under any pressure. He is a highly qualified Senior Police officer and has the requisite expertise to get to the truth. Arsalan might have secretly received money and favours from MR but the new one man commission will be able to dig out the truth. On the other hand Malik Riaz is also a liar and the most obnoxious character. Chairman NAB is his right hand man and has been receiving enormous favours and gratifications from him. One cannot expect any impartial inquiry from those persons who visit Malik Riaz's house every day just to get instructions from him. Appointment of an independent inquiry commission has unnerved Malik Riaz and his equally obnoxious lawyer, Zahid Bukhari. His lawyer has raised some procedural objections on the court verdict but has not said anything against the person of Mr. Suddle. If he thinks that Malik Riaz will not get a fair deal from Suddle due to some reason then he should better go back to the court, convince the bench and get the change done.
These are horrible times we are going through. Chief Justice is compounding the matters further by providing crooked justice. Just like one of his ambiguous looking eye.
Yesterday the two member judges verdict stated that FIA and NAB cannnot be trusted for unbiased inquiry. If superme court condems two state institutions, how would the two institiutions comprehend crimnals and book them to trial. Every crimnal that NAB and FIA will comprehend would use this unprecended judgement. Earlier supreme court had taken the right approach by giving the attorney general all the powers to investigate the case. Now supreme court is balming that the attorney general for misusing the powers. This had been stated by chief justice son. It is apparent that the decisions that are coming from supreme court are handwritten by Arslalan,Supreme court is increasingly becoming controversial It should distance itself from Arsalan corporation other wise it will loose its reputation and there will be not single institiution that will people look upto.
shame on u arsalan chaudhary,from your college days u r like this and have brought bad name to ur father,
The commission will launch an inquiry against property developer Malik Riaz, Dr Arsalan and Riaz’s son-in-law Salman Ahmed. The commission would also probe SP Faisal Bashir and his subordinate officer’s link with Riaz along with their professional misconduct.
How Dare you Challenged the DON . . . .????
Justice is not being done by such ludicrous judgments. To protect his son Chief Justice has set a very wrong precedent. Chief Justice while protecting your son you have lost your creditability and made the whole Supreme Court a laughing Stock. Shame on you.