The prodigal son

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Who really is in the dock
It is not only Dr Arsalan, the son of the Chief Justice of Pakistan, who is in the dock but by proxy the CJ Iftikhar Chaudhry himself. Let’s face it: he is the real target.
The CJ had rightfully earned the singular distinction of vigorously pursuing the high and mighty and those in the echelons of power without fear or favour. Whether it was Moonis Elahi, the prodigal of the Chaudharys of Gujrat or the scions of Prime Minister Yousaf Raza Gilani, or for that matter the khakis’ agencies operating in Balochistan, they got the wrong end of the stick from him.
The CJ perhaps chose to ignore the shenanigans of his own son or was totally unaware about them. Arsalan’s high-flying and high-profile lifestyle was well known in Lahore’s society. The dapper Arsalan, riding in expensive cars, was normally seen frequenting fashionable restaurants of the city with a close friend who happens to be the progeny of a retired chief justice of the Lahore High Court.
It is a supreme irony of fate that the CJ is now trying his own son in the court presided over by him. He has taken a wise decision by choosing not to be part of the bench probing allegations of bribery against Arsalan.
His sense of moral outrage can be gauged from his declaration that unless Arsalan clears his name, he has been debarred from entering his father’s house. More than one judge on the bench, including the CJ, has invoked Islamic sense of justice and the code of Hazrat Umar.
All this is very well. But does this absolve Justice Iftikhar as a father, and more importantly as the chief munsif (judge) of the country, for being responsible for his son’s shameful conduct? The CJ’s remarks in the court that the accused standing before him his is not his son but just an individual named Arsalan are symptomatic of his own disgust and frustration.
Easier said than done. But having rightfully earned the sole distinction of sparing none, he should have been doubly careful and vigilant about his own family.
His opponents, who are more than a few, were waiting for the right moment to attack the weakest link in the chain. The CJ’s scion provided the perfect opportunity. To say that Arsalan was entrapped is a travesty of truth.
In an interview to a journalist known to be sympathetic to Justice Ifthikhar, Arsalan has made the fantastic but nonetheless self-incriminating claim in his defence that the business he runs is valued at 900 million rupees. If he could afford to be ostentatious, why did he choose to go along with his family members on all paid for shopping sprees?
Another question which begs an answer is: How did a gentleman, who only a few years ago got his father on the wrong side of Musharraf for not inducting him in the police service, become a head of a thriving business with 400 employees in a short span of a few years? If journalists belonging to the biggest media group of the country, and known to be sympathetic to the CJ, are to be believed, the ailing property tycoon, Malik Riaz, financed Arsalan’s expensive foreign tours in years 2010 and 2011.
It has been vigorously denied that the son tried to influence his father regarding numerous cases being heard by the apex court against Bahria Town, owned by Riaz Malik. The tycoon himself, in a tongue in cheek manner, has disclosed that Arsalan was blackmailing him and was demanding more and more money. Justice Iftikhar is present on none of the benches hearing cases against Bahria. Malik has also vouched that the son failed to influence his father on the matter.
By his own admission the CJ does not even own a house or a car. What special talents does his scion possess to become a head of a thriving multimillion rupees business in record time?
It is indeed sad that the one institution that had stood out amongst the rot around by setting high standards of justice and accountability is in serious danger of going under. Institutions are more durable and important than personalities. Hopefully, the institution of the highest court in the country that reached its zenith thanks to the sacrifices of the legal fraternity, the civil society and the politicians would outlast the personality, which nurtured and built it.
There are many speculations about the timing of the disclosures against Arsalan. Obviously, the finger is being pointed at those who would love to see justice Ifthikhar cut down to size. Malik Riaz is reputedly close to the president but he is also known to be close to the khakis.
Many amongst the commentrati speculate that the CJ’s strident and untiring interest in the recovery of missing persons in Balochistan was the last straw that broke the proverbial camel’s back. And this earned him the wrath of the agencies.
There is raging debate on the social media that the CJ, having lost the moral high ground, should resign. These demands are similar although less vociferous than numerous calls for Gilani to resign after having lost the moral grounds to remain prime minister being convicted for contempt of court by the apex court. Interestingly, the PML(N), which is in the forefront of the get Gilani campaign, is understandably silent on this count.
Although inexorably damaged by the allegations against his son, it is unlikely that the CJ will be asked to resign by his peers at this stage. Nor can the matter be taken to the Supreme Judicial Council, which in any case is presided over by the chief justice himself.
In order for a proper probe to take place, the matter can be referred to one of the investigating arms of the state, like the FIA or the NAB. Since the integrity of these federal bodies will be in doubt in the eyes of the members of the Supreme Court, a special commission could possibly be constituted to probe the allegations.
Whatever the outcome, the damage has already been done. In the process, a democratic institution that had distinguished itself from the rest has been tainted in the eyes of the increasingly cynical public. The moral goalposts, ironically set by the chief justice himself, have been demolished thanks to the prodigal son.

The writer is Editor, Pakistan Today

22 COMMENTS

  1. Justice Chaudhry used his influence to get his son admitted into the Boland Medical college, inspite of the fact that he secured C-grade in FSc. Arsalan was appointed as doctor in the health department and then promoted immediately as section officer in the same department (obviously it was boring for the scion of a High Court Judge to sit all day and check poor and rough patients who come to government hospitals). He was then transferred to FIA as Assistant Director against all norms and procedures of the service. Within months, he was promoted at FIA to Deputy Director. But FIA was not his destination. He wanted to join police service and was thus sent to the National Police Academy as ASP for training again against all norms and procedures. Justice Chaudhry wanted the Prime Minister to induct his son permanently into the police which was not possible under current laws. This tussle between the Prime Minister secretariate and Justice Chaudhry attracted the attention of Pervez Musharraf who took notice of it and was not for giving any favor to Arsalan Chaudhry. This started tensions between the ex-President and the CJ. The rest is now the history.

  2. I hate corrupt judges more than I hate corrupt politicians, corrupt generals, corrupt bureaucrats and corrupt journalists put together. Being the last bastion of hope and justice, if they are corrupt, the whole society is corrupt.

    • Is there any doubt about Soceity being corrupt. Pakistan is a sick, Corrupt and most dysfunctional soceity who are on path of self destruction. Having controveries, intrigue, allegation, counter allegation, deceit are source of entrtainment for this nation.

  3. And what about riffat asghar (arsalan’s phuphi in law) the cjp is showing a soft corner in sh ayub case! Now don’t tell he is going to swear that he doesn’t know the relationship of that lady and arsalan!

  4. What a novel way of involving CJ, we are all to be blamed for it. None of the corrupt elements have been punshied in this government tenure, who is to be blamed, CJ/ARMY/GOVT INSTITUTIONS or we as a nation, I believe its judiciary, have we seen any verdict coming forth in any of cases whether its NICL, Haj Scandle, PM Son's case, none what so ever, all decisions are pending and all mighty & powerful are roaming free. It is alarming for this nation who is sleeping and heading for self destruction. I dont want this democracy, I pay more than Rs 700,000 tax during 2011-12 and what am i getting? A society full of evils, can't have worst nation than this and feel sorry to be part of it.

    • It is not the fault of judiciary if the govt & people involved are not co-operating in investigation process which all of us are aware of…so how do you think any of these high profile cases mentioned by you will conclude….or u are not following up on yr mentioned cases ? the govt keep on transferring the officers when they realise they are in the tight corner…lot of instances are there…or u are deliberating trying to be in the state of denial on these issues…

  5. CJ is being hounded by by the corrupt mafia whose stranglehold is getting weakened by his crusade against corruption. God save this country from vultures who are desperate to suck the last blood drop from the emaciated people!

  6. Agree that CJ is real target, But disagree to the confusing construct that fails to differentiate between the two roles of Iftikhar ch: as father and as CJ.

  7. The resignation from PM was sought as he himself found guilty whereas in case of CJ it is not the case at this moment. Holding accountable to father for deeds of son is unjustified. It is highly critical time in the history of the country and instead of making hasty inference, it would be appropriate to make the court their evaluation. May Allah SWT save our country (Ameen)

  8. Lets accept the Face and call a Spade Spade. This CJ is supporting Noon League. I am not discussing whether Noon League is an angel or devil. But the bare fact is that this CJ is all for Noon League. He kept his ambitions for supporting Noon during Musharraf's time and when these allegations were made by Gen Musharraf he stood against the General to bring Noon to power and succeeded in that and who go the benefict, PPP. The CJ reversed the Pak Steel Deal which at a later stage has sucked about PKR 100 billion or more from the government. No one questions that. If CJ is doing justice that is his job. Like other corrupt people he allowed his son to bag as much as he could from the devil called Malik Riaz. Since he tough Malik Reaz to be a devil (because he is close to PPP and Army) so collecting booty from Malik Reaz was as Halal as Possible. so he kept the angel of his eye some where else and enjoyed the perks of the court and wasted the time of the court in cases like Memo Scandel and likes of many such case with no outcome where as common people suffered so much.

  9. It would be very interesting if one could pull out that letter that Mr. Naeem Bokhari wrote highlighting the unbearable activities of the CJ and now you will find how right he was and how right the General was in bringing all those allegations against this CJ and remember, how badly we blamed Dogar because his daughter got admission based on some marks that is belived to be given to her as she was Dogar's daughter and Noon leaders were shouting about this fact but now they are as silent as they could be naturally their ally is coming down in history with such a filthy allegation and it is so shameful. How could the CJ sleep at night. Or may be he is sleeping peacefully as he has already served his masters.

  10. Above all the Air Chief Marshall Asghar Khan's case never comes for hearing and on flimsy ground it is being deferred again and again – why because its natural outcome would be removal of the baldies from power for ever and also the younger baldy is surviving on a stay order and there are two cases against him which also never comes up for hearing.

    • Asghar khan case is delayed bcz the govt has not yet produced the documents ( enquiry reports of Mehran Bank & HBL )…& AG Irfan Qadri requested for more time…so it is the fault of CJ…? Zahid Sb..u hv every right to opinion / criticizm but be reasonable & not carried over by emotion & obsession….

  11. I am not sure why should CJ be asked to resign. Guilt by association is not norm in civilized societies. Each individual is responsible for his or her act or omission. If Arslan Iftikhar has done something wrong and is proved in court of law let him face the consequences. By implying that CJ has to step down because his adult son did something wrong, illegal or immoral is absolutely unfair. No one of fair mind would disagree that this is all to malign the CJ who has been in the forefront of fighting corruption in our country. He should not be discouraged by this affair as he has nothing to feel guilty of anything.

    • U R correct….in the case of PM…for his sons implication in cases, nobody demanded PM resignation but Yes ! when PM was convicted by SC, people demanded his resignation…

      2) was PM not aware of his sons activity ? & how did one manage to get such expensive bullet proof car within 4 yrs..? & another son is going on honeymoon to S Africa ? no wonder…people are trying to come to power / govt for this ?

    • Interesting, Pps malign me and give 40 carores to my son and then let my department hear the case against him. I would just claim I had no idea from where my son got that money and also that I have no idea of his business too. Shame on iftikhar ch……your wife and daughter have been travelling in five star way and you had no idea…tch tch

  12. I have a few questions for Arif Nizami since he mentioned Arsalan said his net worth is close to a billion, which may include goodwill of his business which intangible and may not appear in his books.
    (1) Has Arsalan Iftikhar affirmed this amount in the court?
    (2) Has Pakistan Today itself collected history about Arsalan's income and assets from FBR sources/departments?

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