Ruling questioned: Petition challenges Suddle’s one-man commission
Counsel for Malik Riaz says the man is a friend of the CJ’s family.
ISLAMABAD:
A review petition was filed in the Supreme Court on Tuesday against its verdict of forming a one-man commission under Dr Shoaib Suddle to probe the alleged business deal of Rs342 million between Malik Riaz Hussain and Dr Arsalan Iftikhar, son of Chief Justice Iftikhar Muhammad Chaudhry.
On August 30, over a review petition of Dr Arsalan Iftikhar, the Supreme Court appointed former senior police official and incumbent Federal Tax Ombudsman Dr Shoaib Suddle to probe the scandal after stripping the National Accountability Bureau of investigative authority in the matter.
Filing the petition under Article 188 of the Constitution, Zahid Hussain Bokhari, counsel for Malik Riaz, contended that there was a serious flaw in the apex court’s judgment of August 30, 2012.
He expressed apprehensions that he could not expect fair play and justice at the hands of Dr Shoaib Suddle “because he was a friend” of Chief Justice of Pakistan and Dr Arsalan Iftikhar.
He recalled that Shoaib Suddle was one of the guests at the wedding banquet of Dr Arsalan Iftikhar.
Bokhari said the close family relations had made the investigation questionable.
He appealed to the court to recall its judgment of August 30, 2012 and enforce its judgment issued on June 14, 2012 in its true spirit, in the supreme interest of justice.
Bokhari questioned whether the court was justified to delegate judicial powers to the commission.
“Whether the apex court has authority under any provision of the constitution or Supreme Court rules to appoint a commission in a review petition without declaring its earlier order of June 14, 2012 as illegal and incorrect,” the petitioner questioned.
Published in The Express Tribune, September 12th, 2012.
A review petition was filed in the Supreme Court on Tuesday against its verdict of forming a one-man commission under Dr Shoaib Suddle to probe the alleged business deal of Rs342 million between Malik Riaz Hussain and Dr Arsalan Iftikhar, son of Chief Justice Iftikhar Muhammad Chaudhry.
On August 30, over a review petition of Dr Arsalan Iftikhar, the Supreme Court appointed former senior police official and incumbent Federal Tax Ombudsman Dr Shoaib Suddle to probe the scandal after stripping the National Accountability Bureau of investigative authority in the matter.
Filing the petition under Article 188 of the Constitution, Zahid Hussain Bokhari, counsel for Malik Riaz, contended that there was a serious flaw in the apex court’s judgment of August 30, 2012.
He expressed apprehensions that he could not expect fair play and justice at the hands of Dr Shoaib Suddle “because he was a friend” of Chief Justice of Pakistan and Dr Arsalan Iftikhar.
He recalled that Shoaib Suddle was one of the guests at the wedding banquet of Dr Arsalan Iftikhar.
Bokhari said the close family relations had made the investigation questionable.
He appealed to the court to recall its judgment of August 30, 2012 and enforce its judgment issued on June 14, 2012 in its true spirit, in the supreme interest of justice.
Bokhari questioned whether the court was justified to delegate judicial powers to the commission.
“Whether the apex court has authority under any provision of the constitution or Supreme Court rules to appoint a commission in a review petition without declaring its earlier order of June 14, 2012 as illegal and incorrect,” the petitioner questioned.
Published in The Express Tribune, September 12th, 2012.