Suddle to probe Arsalan case

While announcing the verdict of Dr Arsalan Iftikhar case, the Supreme Court of Pakistan (SC) ordered to retreat the case from National Accountability Bureau (NAB) and form a new investigating commission headed by ex-police officer Dr Shoaib Suddle.
The court has also issued notice to attorney general over his inappropriate actions.
A special bench of the Supreme Court, comprising Justice Jawad S Khwaja and Justice Arif Khilji, passed the judgment Thursday.
During today’s proceedings, Dr Arsalan was present in the court while Malik Riaz and his lawyer did not attend the ruling.
The court ordered to form a new investigating team under Dr Shoaib Suddle to probe the matter as the petitioner had told that attorney general’s letter was not in accordance with the court’s order. The court granted judicial power to the commission and instructed to present report in 30 days.
The order also stated that the truth was kept hidden from the court that Irfan Qadir had served as counsel to Malik Riaz in the past. On this, Zahid Bukhari said that Sardar Ishaq had also serves as his lawyer.
The court said that objections were raised over NAB, attorney general and the joint investigation team (JIT) in the review petition. During the process, lawyers of the parties leveled serious allegations against each other while Arsalan Iftikhar expressed his dissatisfaction over NAB and said that unbiased probe could not be expected from the bureau. Arsalan’s counsel also alleged that NAB chairman enjoys close contacts with Malik Riaz.
The SC on Tuesday had reserved its judgment on Dr Arsalan’s review petition challenging its June 14 order relating to allegations of a business deal between him and real estate tycoon Malik Riaz.
The bench had stopped the JIT from investigating Arsalan Iftikhar’s case on August 2. Arsalan’s counsel Sardar Muhammad Ishaq completed the arguments on Tuesday after which Zahid Bukhari, the counsel for Malik Riaz Hussain, gave counter arguments.
Zahid Bukhari expressed serious reservations over a press note against the record of the Supreme Court’s registrar in which he (the registrar) had stated that investigation against Arsalan Iftikhar had not been stopped. He said the statement given by the registrar was against the facts.
Giving his arguments, Bukhari said that in view of Dr Arsalan Iftikhar’s reservations, the National Accountability Bureau (NAB) chairman had called back Assistant Superintendent of Police Faisal Bashir and a DSP from the investigation team after which there was no reason to take further action on it.
Bukhari also argued that neither any solid basis of objections nor any proof was brought against NAB Chairman Admiral (r) Fasih Bukhari. He said that an investigation could not be transferred to any other department merely on the basis of allegations. According to the NAB law, no other department can act against a crime, which comes under the purview of NAB.
Bukhari referred to the cases of Moonis Elahi and Abdul Qadir Gilani wherein the Supreme Court did not change investigation teams despite their objections to the investigation officers. Only NAB has the authority to investigate.
Investigation officers could not be appointed on the wish and desire of an accused. Bukhari objected to an application of the counsel for Dr Arsalan Iftikhar, saying Malik Riaz Hussain cannot trust any judicial commission that was why he (Malik Riaz) would not accept any commission.
Since June 6, the court has been issuing arrest warrants against Malik Riaz Hussain and his family members using Anti-Corruption Establishment of the Punjab government. As judicial officers are subordinate to the chief justice of Pakistan, the commission would not be able to dispense fair justice.
Malik Riaz’s counsel also took plea that the current review petition is not fit for hearing. A review petition cannot be based on unfair implementation of a decision. The court was also told that transferable and non-transferable property of Bahria Town was being seized on the pretext of Ali Riaz Malik’s arrest.
The NAB prosecutor told the court that the officials of the Federal Investigation Agency and Islamabad police were included in the JIT to ensure a transparent investigation and there was no other intention.
The NAB additional prosecutor general assured the court that investigation would be completed in good faith, with honesty and according to the law without bearing any pressure.
In the verdict, the court has also directed the government to hand the investigation over to a commission. The bench also issued notice to Irfan Qadir, the attorney general for influencing in the investigation.
Dr Iftikhar’s counsel, Sardar Ishaq, while presenting his arguments before the court said that business tycoon Malik Riaz is an influential person in Islamabad.
Ishaq requested the court that a judge should be tasked to inquire about the allegations levelled against his client. Taking a jibe at Ishaq’s statement, Justice Khilji Arif Hussain said that if Ishaq did not trust anyone, should the court then call someone from abroad.
Responding to Justice Hussain’s remark, Ishaq said that the National Accountability Bureau (NAB) is an objective organization, but the chairman of NAB cannot carry an impartial investigation.
Later, talking to media persons, Arsalan Iftikhar stressed the need for impartial probe into the whole issue.
The bench enabled the commission to collect all evidence pertaining to the controversy and also sanctioned that trips abroad may be undertaken for collecting proof.
Suddle would also have the authority enjoyed by a judicial officer and would also investigate the protocol given to Malik Riaz by two police officers when the real estate tycoon appeared before the Supreme Court on July 31.