A commission is needed
A WEEK after the allegations surrounding the son of the Chief Justice of Pakistan and Malik Riaz, the real-estate tycoon with deep connections to the political and military elite, erupted, few facts have been adduced and conspiracies have only grown thicker. Now, then, is the time for the Supreme Court to take a second important step: hand over the investigation of the case to a high-powered independent commission consisting of legal experts with impeccable records and no overt political or judicial affiliation. While in ordinary circumstances the judiciary is well-equipped to determine the facts and the legal liability in a case before it, in the present instance the allegations go to the heart of judicial integrity — and are linked to the figure who sits at the apex of the judicial pyramid and is the administrative head of the institution. Arguably, it is because of the special position and history Chief Justice Chaudhry enjoys that a suo motu action was taken in the first place.
Similar allegations involving family members of another judge would not have generated a media storm of the kind that has been unleashed nor would there have likely been such an urgent attempt to deal with them.
An independent commission is also required because the facts will likely be fiendishly difficult to establish. The Malik Riaz camp suggests it is the victim of extortion by Arsalan Iftikhar, who was allegedly looking to cash in on his familial connections in a manner all too familiar to anyone who has been in power or interacted with it in Pakistan. But, others suggest, a greedy Arsalan Iftikhar was trapped by a cunning Malik Riaz in order to sully the chief justice’s reputation by association. And yet, so far nothing concrete has been brought on the record.
The sums being bandied about, Rs300-400m, could prove to be a figment of an overactive imagination or even downplayed to hide the true extent of empires built through illegal means. Such a commission will also be expected to unravel that if Arsalan Iftikhar did in fact receive inducements in a bid to try and subvert the judicial process, was the chief justice, however inadvertently, a beneficiary of the proceeds that were flowing to his son who lived in the same house?
If the Supreme Court really does want to draw a line under the Arsalan Iftikhar-Malik Riaz affair, it must first hand the matter over to others to determine what the facts are. A clean bill of health from an independent commission will be more meaningful than one bestowed on the judiciary by the judiciary itself.
always sensible and objective, if there is one thing credible in Pakistan ,itnismdawn editorial
should be national policy to publish these word of wisdom in each and every news paper and read on all tv channels
In to-days Pakistan there is no one 'independent with impeccable record'. It would be futile to have that kind of commission; nothing but waste of money.
CJP should resigned as soon as possible on moral ground if he remain CJP then he may have influence over his subordinates which will not let the investigation independently. Other thing is that until the investigation is completed, his son should be behind the bar because Constitute and law is the only policy(he is accused in a scam) and CJP should send his son to jail to build new history
CJP should resigned as soon as possible on moral ground if he remain CJP then he may have influence over his subordinates which will not let the investigation independently. Other thing is that until the investigation is completed, his son should be behind the bar because Constitute and law is the only policy(he is accused in a scam) and CJP should send his son to jail to build new history
If there is a conspiracy against the Cj then that is hatched by none other than his son. He is the one who allegedly took favors and money from the business tycoon and by others. It is CJ's son's deeds which have put the CJ in the dock not the government or the tycoon himself. It is the CJ himself who looked the other side while his son was becoming rich in days and weeks. It is also surprising that the CJ did not bother to know with what funds his other family members were traveling to the UK and having lavish holidays. There is no conspiracy against the CJ and his family as they themselves are responsible for this state of affairs.
I think let the facts come to lightin the court and then we ask for a commission of any sorts. We need to have evidences before a demand for a commision is made. I expect that newspaper of your stature would be more objective in its assessment.
Syed Tirmizey, how about a Commission to gather the facts and then proceed with criminal cases, if it deems appropriate to recommend?
I believe that the determination takes place based on evidence produced. We are just make assumptions based on newspaper reports.
people sitting in glass houses should care a bit more, though cj is not responsible for the deeds of his son yet same is bacause of his position, fact finding commission at this stage is not advisable rather let the sc bench do it—————Lets see which way they do it (hope sustains the liife
)
It's not right to try to influence the proceedings of a court by writing or publicly speaking how a case should or should not be handled while the matter is sub judice. The courts and their judges are not public office bearers who must consider public sentiment in their decisions.
Does anyone have doubts that supreme court has been so biased in favour of PML-N? Isnt is enough to prove that this so called indepentend Judiciary is not as unbiased as percieved? Let me put some facts and figures here,
-CJP is cousin of RANA Sanaullah.
-Not even a single case against the PMLN is followed through.
-This Judiciary released Nawaz Sharif on Plane hijacking case, the whole nation saw what he did yet he was released?
-CJP took oath twice on PCO and gave utmost permission to Pervez Musharraf to amend the contitution.
-Being a PCO judge himself he sacked other PCO judges without even referring them to Supreme Judicial Council.
-We saw how this Judiciary released people like Malik Ishaq.
-We saw their role when they released hundreds of talibans who were charged for murdering innocents.
Is that what you call Justice?
Get your facts right first.
@Noman:
very nice! if you dont agree, please correctly state what you have in you mind.
Very true Bilal. You are right!!
How about the CJ's favourite police/FIA officers appointed to do the investigation.
Moreover, Supreme Court justices are independent and in order to preserve their own and their institution's reputations I bet they would be willing to sacrifice the CJ. I am very happy with how the court is proceeding.
Well, the implication of a powered and pure independent commission to Arslan and Malik Riaz case helps SC to better evaluate the rumours and settle a brief explanation to the allegations that whether it is to sully SB or a sensitive case.
The SC bench is capable of dealing with this case, as Chief Justice Chaudhry has himself taken up the suo motu. I think this is the first time in the history of Pakistan that a CJ has taken suo motu against his own son. It is a credit to the present judiciary and the case should go on without any commission, because commissions are just to waste time.
there is no need for commission, our judiciary is capable to decide this case fairly, we trust them. I am surprised why Dawn news decided to publish this editorial, and feeling sorry on the thinking on writer of this editorial.
With Imran Khan and others already concluding it is a conspiracy, is there room for logical argument like the editorial makes? By now IK and others have almost perfected the art of drumming up conspiracy as the only explanation for everything.
The question arises as to who will select the members of such a commission.
There is no need for any commission. The only Institution people of Pakistan believe is THE SUPREME COURT AND ITS JUSTICES. I do not expect DAWN NEWS a reputable news organization to give this kind of bad Editorial . People of Pakistan and those of us living abroad has no faith in any such commission and off course not for Malik Riaz, who is expert in buying any one with his money, but so for he was unable to buy any on Supreme court justices.