SC order
THE Supreme Court has wrapped up the suo motu case concerning Malik Riaz’s involvement with Arsalan Iftikhar perhaps sooner than most expected, ordering that investigating agencies and trial courts take up the matter of wrongdoing on the part of the two men. This is in line with legal procedure, but the important thing now is that the case be pursued with the commitment it calls for. Mr Riaz is an influential man, and the process of digging into his actions could well be held up by fear or favour on the part of those who have to investigate him. Already there is resistance from the National Accountability Bureau, for example. But a bold inquiry is critical in a case that reveals just how brazen corruption in Pakistan can get. And the documentary evidence Mr Riaz provided relates only to a negligible portion of the over Rs340m allegedly exchanged. Much needs to be looked into, but what is plain is that both men are guilty of wrongdoing and need to be held responsible.
When it comes to the impact of the case on the judiciary, however, the short order, issued after just three hearings on a critical issue that has gripped the country, is less satisfying. It declares that the matter of the independence of the judiciary has been settled, an argument based on Mr Riaz’s statement to the court that he received no special treatment from the SC despite paying Dr Iftikhar for it. The unfortunate fact is, though, that the businessman has also made a series of statements outside court. His and others’ allegations about multiple meetings between him and the chief justice, at least some in Dr Iftikhar’s presence, have left lingering questions. Then there are the reports of the chief justice having knowledge of his son’s involvement with Mr Riaz before the matter surfaced in the media and suo motu notice was taken in response. The short order has reiterated confidence in the judiciary’s independence despite these doubts. And there is no evidence of Mr Riaz being favoured by the SC. But questions about the chief justice’s role remain, and a transparent process that revealed the answers was required. The suo motu case has not done so.
Yesterday’s full court meeting also focused on the media’s role and took a defensive posture against outside attempts to malign the judiciary. But the country needs to rest assured that the highest court in the land is fiercely independent and resistant to corruption. To satisfy the nation in a matter of serious public concern, a deeper look inward was required.
This government is highly unlikely to investigate impartially. There are reports that
Riaz Malik is very close to Zardari. Rest assured the case will be dragged on and
kept in public arena so as to keep the attention away from the corruption and failure
of this government.
Absolutely agree with DAWN's timely editorial. It's strange that the SC judges in their Short Order prematurely absolved the CJ of any involvement in this corruption scandal based on the mere words of who else but the main accused himself. The SC judges in its Order concludes that Ch Iftikhar has nothing to do with this scandal because Malik Riaz says so, the same Malik Riaz whom the SC wants to be charged with serious criminal offenses under PPC. In fact the SC judges contradicts themselves when in this Order they state that no person is guilty or innocent unless it so established by investigation and trial by the lower court. Isn't this true in the case of SC himself? Shouldn't his role, evidence and records be investigated, because of his possessing judicial authority and being Arsalan's father he so intertwined and the center of this scandal? In fact the totality of investigation requires that not only CJ but other witnesses be also thoroughly examined.. This is essential to clear the reputation of the judiciary.
I agree with the contents of the editorial. Mr Iftikhar Chaudhary's role in the alleged Arsalan Iftikhar racket must be investigated into.
The supreme court has done an excellant job now the ball is in the court of the government to act swiftly and invstigate impartialy as soon as possible. Our eyes are on this government to act urgently.
Not only issues related to conduct and independence of judiciary be settled for once but issues related to Dr Arsalan's businesses including his alleged involvement in mega telecom projects (Warid) in Punjab, Police Foundation case/affair and his alleged illegal transfer from Baluchistan Govt to Federal Govt 4 years earlier should also be investigated and settled. Such an initiative would not only settle the issues of judiciary's role and independence but would also clear the tainted names of CJ and some of his colleagues in his kitchen benches including those retired after giving him relief through his first reinstatement … Contrarily, investigating Malik Riaz would be a waste of Govt efforts, resources and time as he has never claimed heroics for his honesty and impartiality. Though apart from many weaknesses in his personality and character as alleged/believed, he has silently been benefitting and helping the numerous poor and down trodden unlike my lords in black robes !!!
media should stop criticizing the judiciary or demand more introspection from them. Instead they should set their own house in order. My confidence in superior court is still intact, but Pakistani media has revealed itself to be a hoax. I feel feature films are not being produced anymore in studios of Lahore, but in TV stations of Pakistan
Riaz's allegations are not only accusing CJ's son but it is a programed use of fourth pillar of the state(media) against an important vital pillar of state the Judiciary. it was an act of producing inter-institutional conflict. it is an anti-state act. stringent action should be taken against riaz and his companions because they indulge in an anti-state activity.
A just and balanced observation. Moreover, I would request the court to concern itself only with the programme which is aired officially and not with what is said and done behind the curtain. The real culprit in the case is the one who has loaded the video on the YouTube. He is being labelled as a Mujahid but in my opinion he is a Munafiq. As per Hadith of the Prophet(PBUH) the one who breaches the agreement(TRUST) is not from among Muslims. An employee of any organisation is bound morally and legally to protect the secrets of that organisation if they are not against the nation and the state. If at this rush of point scoring to gain favours of the powerful the trend is not checked then the TRUST shall vanish from the society and everybody would be a Gestapo agent for the other.
Judges who had committed breach of trust by forswearing their Constitutional Oaths-to preserve,protect and defend the Constitution- and made Oaths to abide by the Proclamation of Emergency & P.C.O.of October 14,1999,and made Oaths as given in General(Retired) Pervez Musharraf's Oath of Office(Judges) Order,2000;and were reinstated late on btw a Prime Minister's executive order are probably not people who can be Judges of the Supreme and High Courts according to the Code of Conduct Prescribed for Judges of the Supreme And High Courts,prescribed by the Supreme Judicial Council.This Code is available at the official website of the Supreme Court of Pakistan;and can be downloaded by anybody interested in reading it.