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Friday, August 31, 2012‘Biased’ NAB won’t probe Arsalan case: SC
* Court says any inquiry by NAB into Riaz-Arsalan ‘deal’ won't be free from perception of partiality
* Court appoints Dr Shoaib Suddle to probe matter within 30 days
By Hasnaat Malik
ISLAMABAD: The Supreme Court on Thursday said ‘biased’ National Accountability Bureau (NAB) would not probe Arsalan case as it would not be free from perception of partiality or bias or lack of competence.
The court ordered the officials concerned to transfer the case to some other person or agency to act independently, fairly and justly.
The SC also formed one-member commission, consisting of Dr Shoaib Suddle, to investigate Rs 342 million business deal between Chief Justice of Pakistan Iftikhar Chaudhry’s son Arsalan Iftikhar and Malik Riaz Hussain.
On June 14, announcing the reserved judgement, a two-member bench, consisting of Justice Jawwad S Khawaja and Justice Khilji Arif Hussain, referred the matter to the attorney general.
Dr Shoaib Suddle, incumbent federal tax ombudsman, is a senior functionary having experience of investigations in police and fiscal hierarchies.
“The professionalism and thoroughness of the inquiry undertaken by Dr Shoaib in SMC 16 of 2010 (ISAF Containers Scam) has also persuaded us to refer this inquiry to him,” the 17-page judgement read.
Giving mandate to the inquiry commission, the court also ordered Suddle to probe into the culpability of Malik Riaz Hussain, Dr Arsalan Iftikhar, Salman Ali Khan and all those involved in criminal activities in the light of its June 14 order, within a period of 30 days.
Dr Suddle is also asked to inquire into and ascertain such facts as may be relevant, connected with or ancillary to the determination of the foregoing matters and to set the state machinery in motion so that all those who may have committed illegal acts are pursued and brought to book with the full force and rigour of the law.
“Specify the legal provisions and offences, if any, which may be attracted in the case based on the fact finding undertaken by the commission,” the court added.
About the commission’s power, the court observed that Dr Shoaib Suddle would exercise all the powers envisioned in the Supreme Court Rules 1980 and the powers of judicial officers for the purpose of carrying out the objects and he would be authorised to collect evidence within and outside Pakistan according to prevailing laws.
“He [Dr Suddle] shall be free to avail the services of advocates, experts of forensic science, persons with relevant experience, including fiscal laws etc. State functionaries when called upon to do so shall provide necessary assistance to the commission,” it added.
The court asked NAB to hand over the entire record of the case to the commission. The court also ordered the SC Registrar’s Office to provide copies of the record of the petition and of SMC 5, 2012 to the commission.
Expressing serious concern over the conduct of AG in the case, the court also issued notice to him to explain his conduct as he was not a contesting party in the case and was only assigned limited function, as an officer of the court and as the principal law officer of the federation, for setting the machinery of state in motion.
The judgement read, “We would not have tasked attorney general [Irfan Qadir] with any responsibility in this matter if he had made disclosure to us as to his professional association with the respondent Malik Riaz Hussain,” adding that its a matter of concern that the AG did not make the requisite disclosure.
In June 14 order the AG was asked “to set the machinery of the state in motion so that all those who may have committed any illegal acts, including Malik Riaz Hussain, Dr Arsalan, Salman Ali Khan etc are pursued and brought to book with the full force and rigour of the law”.
Regarding illegal protocol to Malik Riaz on his first arrival at the SC by SP Faisal Bashir Memon and DSP Tahir Malik, the court observed that prima facie they had submitted false, dishonest or deliberately misleading statements in the court during the proceedings or during inquiries ordered by the court.
The court asked the commission to look into the facts relevant to the conduct of the SP and the DSP.
“However, considering the foregoing aspects of the matter relating to these two officers, we consider it appropriate that the said officers are assigned duties and are kept posted at the Islamabad police headquarters during the course of the inquiry.”
Courtesy www.dailytimes.com.pk