ISLAMABAD, Aug 29: The Supreme Court will initiate formal contempt proceedings against property tycoon Malik Riaz of Bahria Town on September 17.

The court asked Attorney General Irfan Qadir, who will act as prosecutor, to submit a list of witnesses and evidence to the court in three days.

On August 9, a two-judge bench headed by Justice Ejaz Afzal Khan had formally indicted Malik Riaz on charges of levelling harsh allegations against Chief Justice Iftikhar Mohammad Chaudhry at a press conference.

On Wednesday, the bench took notice of the absence of Malik Riaz and rejected a plea of his counsel Dr Abdul Basit to exempt him from personal appearance on health reasons and ordered the accused to appear before it at the next hearing.

At the outset, the counsel submitted a medical certificate suggesting that Malik Riaz was suffering from urinary track illness and his doctors needed six to eight weeks to ascertain the exact nature of the disease.

And in case of a tumour, which is likely, another two to three weeks will be required for treatment.

Therefore, the counsel argued, his client should be exempted from personal appearance.

But Advocate Ashraf Gujjar, one of the petitioners in the case, objected and said treatment for the disease was available in Pakistan and there was no need to travel abroad for the purpose.

He reiterated his demand that the name of Malik Riaz be put on the exit control list (ECL) and said that under relevant laws the presence of the accused was mandatory in contempt proceedings because he would have to face evidences.

Justice Ejaz observed that every individual had a constitutional right to get medical treatment of his choice.

The court ignored a separate request of Dr Basit for a decision on an intra-court appeal (ICA) moved by his client.

The counsel pleaded that the present contempt case be stopped till a decision on the ICA.

The court was of the opinion that since no stay on the ICA was in the field, it would continue with the contempt case against Malik Riaz. It asked the petitioners to submit their list of witnesses against the accused on Sept 17.

Dr Basit repeated his earlier request to call Dr Arsalan Iftikhar, son of the chief justice, to the witness box, saying things would become crystal clear.

The presence of Dr Arsalan, he said, was like a ‘Ghanta Ghar’ of Faisalabad because all evidences in the case led to him.

But the court said it was the duty of the attorney general as prosecutor to produce evidences.