Arsalan case: SC rejects plea against one-man commission
03 October, 2012
ISLAMABAD: The Supreme Court has rejected business tycoon Malik Riaz Hussain's plea to issue stay order against one-man commission of Dr Shoaib Suddle, which is probing an alleged business deal between Malik Riaz and Chief Justice Iftikhar Muhammad Chaudhry's son Dr Arsalan Iftikhar.
A two-member bench consisting of Justice Jawwad S Khawaja and Justice Khilji Arif Hussain, hearing the review petition of Malik Riaz, also issued notices to all respondents in this case.
During the hearing, Malik Riaz's counsel Zahid Bukhari contended that forming a commission for a case between two individuals was unprecedented in the judicial history. He also said his client had appealed to the apex court because he felt the court orders were not being implemented properly. Bukhari also said investigations were not changed in the case of former prime minister Yousaf Raza Gilani's son Ali Musa Gilani and others.
Praying for a stay order on Dr Suddle's appointment in the matter, Zahid Bukhari said a stay order should be issued over the commission's proceeding as the court had stopped the National Accountability Bureau's joint investigating team to probe the matter on the plea of Dr Arsalan Iftikhar.
The apex court said it could not issue a stay order without listening to point of view of other parties to the case. Hearing of the case was adjourned until October 30.
Malik Riaz Hussain on September 11, under Article 188 of the constitution read with Order XXVI of Supreme Court Rules, filed a review petition challenging the Supreme Court's judgement of August 30 and alleged that the impugned judgement amounted to giving preferential treatment to Dr Arsalan Iftikhar.
In the said judgement the court constituted a one-man commission comprising Dr Shoaib Suddle to investigate an alleged business deal worth Rs 342 million between Dr Arsalan Iftikhar and Malik Riaz Hussain.
According to the review petition, the August 30 verdict had been passed without lawful authority and jurisdiction as the order does not depict under what law the one-man commission was constituted. It said Dr Shoaib Suddle and CJP Iftikhar Chaudhry enjoyed close relations as both had attended each other's family weddings. Bukhari said Dr Shoaib Suddle's close ties with Dr Arsalan Iftikhar and his family would be a hurdle in conducting a fair inquiry.