Attorney General (AG) Irfan Qadir on Thursday hurled serious allegations of misconduct at Supreme Court Chief Justice Iftikhar Muhammad Chaudhry and two other SC judges hearing the Arsalan Iftikhar-Malik Riaz case in a written response to an SC notice issued to him regarding the controversy.
Qadir’s reply, addressed to the Supreme Court registrar, was in response to a notice served on him by a two-judge bench for bias in the case. The attorney general said that it is a matter of record that after violating the code of conduct for two days, the chief justice eventually realised his illegality on the bench and stepped down following the Attorney General’s observation.
Addressing the notice, Qadir said that even if Arsalan Iftikhar’s allegations of the National Accountability Bureau (NAB) being unable to complete an impartial inquiry were true, he failed to understand how he could be held accountable in the matter.
Qadir also alleged that the chief justice of Pakistan along with other two judges, Justice Jawwad S Khawaja and Justice Khilji Arif Hussain, all violated the code of conduct as well as oath of office under the Constitution by hearing the case at all.
The AG questioned why this had carried on despite alerting the chief justice immediately that his involvement would violate Article 4 of the Code of Conduct, under which it is illegal and improper for him to take part in a bench hearing a matter pertaining to his own son, at the first hearing.
The AG went on to express his disappointment with the CJ for not heeding his advice and continuing to sit on the bench, thereby disregarding the code of conduct, as well as at Justice Khawaja and Justice Hussain, for not advising the CJ to withdraw from the bench.
“The chief justice violated the code of conduct for almost two days and carried out tough scrutiny of the operational, financial and corporate structure of Bahria Town and its officers. Surprisingly, during the same time, Dr Arsalan was not questioned at all,” Qadir added.
“These judges thus equally violated their code of conduct since they did not even once, during the course of two days, offer the slightest hint that the honourable chief justice should recuse himself - especially when Article 4 of Code of Conduct was not only in their knowledge but was also brought to their attention by the attorney general. Consequently, all the three judges violated the Code of Conduct and their oath of office under the Constitution,” said Qadir.
“As per the attorney general’s understanding of law, there is no dispute even today that the National Accountability Bureau (NAB) is the appropriate investigating agency under the law, otherwise the court would have referred the matter to an alternative agency,” he added.
Addressing the formation of a one-man commission to investigate the matter, the AG said that this option was not available to him as he could only have referred the matter to an agency constituted under the law, which was authorised to investigate such matters.
The attorney general went on to say that he was perplexed as to how the name of Shoaib Suddle popped up to investigate the matter in the first place, questioning his appointment without any discussion among the judges.
“Did they not know (having themselves been invited to and having attended Dr Arsalan’s recent wedding) that Suddle too was invited and attended the functions hosted by the chief justice of Pakistan? In these circumstances, is it fair and impartial to appoint Suddle as the enquiry commission,” he questioned.
He asked the court to withdraw the notice against him adding that it has mentioned no valid reason and lacks sufficient material.
Published in The Express Tribune, September 14th, 2012.
COMMENTS (19)
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It is a good sign of the Public awareness that more than 15 of 18 comments so for, are in the favor of the A.G, Which clearly dipicts the mode and attitude of the general public, changing rapidly in the favor of the democratic institutions and people are observing that the "so called" independent judiciary is getting exposed everyday in every move it is making to destabilize the Political process / Government.It is the necessity of the time that we also join hands to protect our institutions from this kind of mind set, If we fail in our duty, i think history will discard our names as well along with those who are committing these crimes.Not all but some of the judges have failed in their role play, and these must be terminated and made accountable for their ultra constitutional performances.
The entire reply by the AG is based on reason. I am perplexed as to how much the SC can disappoint me and the general public. How wrong was I to support the movement that re-instated these judges. Throrughly disappointed.
Thank you Mr AG for taking such a clear stand against these PCO judges. This judiciary has become a big impediment to Pakistan's political stability.
@Usman:
Punishment for telling the truth? No doubt we don’t need the judiciary that can’t handle the truth.
Attorney General is correct here and it’s a matter of fact what happened. Blind followers of Chaudhary should open their eyes to true justice and fairness not Chaudhary "justice".
The Advocate General, in his reply has referred to Article IV of Coduct for Judges of Supreme Court and High Courts; same is reproduced hereunder:
Article IV. "A Judge must decline resolutely to act in a case involving his own interest, including those of persons whom he regards and treats as near relatives or close friends. A Judge must rigidly refrain from entering into or continuing any business dealing, howsoever unimportant it may be, with any party to a case before him. Should the dealing be unavoidable, he must disconnect with the case forthwith. A Judge must refuse to deal with any case in which he has connection with one party or its lawyer more than the other, or even with both parties and their lawyers" During hearing in suo motu case of Dr Arsalan Iftikhar, the Adovocate General repeatedly requested the Chief Justice to quit the bench but the Chief remained adamant and continued sitting on the bench for two days. Conduct of the Advocate General is commendable, for his efforts to upkeep the constitution and law in highly adverse and odd situtation.
I wish he is as much vocal in advising federal government of their misdeeds
AG you are doing a great Job. Keep it up. How this controversial Judiciary is ending notices to others while their own judgement is so biased, so open to public. A common citizen can understand the double standards of Iftikhar chuadhry.
Keep it up AG sahib. Perpetrators of Constitution and Law should be exposed both verbally and in writing.
In this report I have failed to find a single statement by Irfan Qadir that could be branded as unreasonable. The courts clearly have shown over exhuberance in guarding their bosses son................ its laughable, in fact sickening how they have steamrolled everything jsut to save a common criminal
@usman, yes AG should be punished because he is raising some very serious questions about the most powerful person, who has become second Zia and ultimate leader of all religious fanatics. No anywhere in the world CJ played so much poltics. If all political decisions have to be made by courts then judges of supreme court should be elected with equal representation from all four provinces.
NAB is promoting corruption says CJ
Bravo bravo AG
Great. Please take a stand against these PCO judges whose only goal is to somehow bring down the government. The army after realizing that they can no longer stage a coup are now using the PCO judges and the cheap justice to do thier bidding.
he is proving his loyalty to runaway General Musharraf and his NRO legacy in the current setup.
AG Sb, I salute your bravery for exposing biased sC judges !
Except Arsalan and the PCO judges everybody who questions them is criminal. Let PCO father take care of his poor homeless son and everything would be fine. This is called the rightwing equality and justice.
" no comments'Irfan Qadir should not go unpunished...