A two-judge bench of the apex court headed by Justice Ejaz Afzal Khan, who has been hearing the case against Riaz on charges of levelling harsh allegations against Chief Justice Iftikhar Mohammad Chaudhry at a press conference, ruled that the attorney general can no longer act as prosecutor.
The bench also summoned a list of senior lawyers from Supreme Court Registrar Faqir Hussain for the fresh appointment of a prosecutor before adjourning the hearing till October 9.
Speaking to the media after the proceedings, Riaz’s counsel Dr Abdul Basit expressed his reservations over the court’s move.
Earlier on Monday, the bench had reserved its ruling on Qadir’s eligibility to prosecute Riaz on contempt charges. The question over the attorney general’s role was raised because he had represented the property tycoon in the past.
On Monday, Qadir contended that the judges had also appeared in the past but was told by the court that he was not supposed to defend the accused being a prosecutor in the case.
In an observation during Monday’s hearing, Justice Ejaz Afzal had observed that evidences submitted by the attorney general in the case appeared to be defending the accused.
Qadir’s reply was that the judges had also appeared in the past but was told by the court that he was not supposed to defend the accused, but was to prosecute it fairly.
Published in The Express Tribune, September 21st, 2012.
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It was ok for the CJ to try and sit on the bench that was to hear the case of his own son accused of having accepted bribes to influence his father (the CJ). It is not OK for a lawyer who once represented Malik Riaz to act as his prosecutor. The AG is not a judge who has to deliver a verdict on the accused being guilty or innocent. he is a prosecutor in this case. You can be the judge of your kith and kin but not be the prosecutor of an ex-client. “Jo chahey aap ka husn-e-karishma saaz karay”. This is shameful judicial conduct. The struggle for restoring Ch. Iftikhar’s was led by Aitezaz, Asma Jahangir, Kurd, Khosa and others. All of them are critical of what is happening now. By SC’s logic they have no right to express opposite views irrespective of what the judges do. Except for some media touts who can only sing CJ’s “taranas”, with each passing day the wrong doings will become more obvious.