NEWS
SUPREME COURT OF PAKISTAN
Islamabad June 14, 2012.
today, the Supreme Court of Pakistan announced its judgment in the suo moto case regarding alleged business deals between Dr. Arsalan Iftikhar and Malik Riaz Hussain and the latter’s son-in-law. The judgment of the two-member bench was read out in a packed court room by Justice Jawwad S. Khawaja. Justice Khilji Arif Hussain has also added an additional note.
The judgment explains that the Court had to take suo moto notice over this case only to vindicate the people’s guaranteed right to access to information about a matter of grave public importance. The matter of public importance in this case, the judgment explains, was the aspersion cast on the independence and integrity of the superior judiciary of this country, particularly that of the Supreme Court and the Chief Justice of Pakistan. The ensuing media frenzy had left the people of Pakistan deeply concerned about whether the hard-won gains of their recent struggle for the independence of the judiciary, waged through blood, toil and tears, had been frittered away.
This is why the Court felt it necessary to record the statements of prominent media personalities through whose programmes such statements had come up. The Court had also put on record oral and written statements of Dr Arsalan and Malik Riaz along with the documentary evidence they provided. This material was analyzed in the light of the law and the Constitution. Legally, perhaps the most important statement that came up in the whole matter was a statement given in writing, and repeated in open Court, by Malik Riaz Hussain. It read: “it is categorically stated that I have all the regards and respect for the esteemed Supreme Court of Pakistan and its Honorable judges including the Honorable Chief Justice of Pakistan... [And] I did not get any relief whatsoever in the Suo-Moto/Human Rights cases pending before August Court contrary to the assurances and promises made by [Dr. Arsalan].
Just Khawaja explained that to a large extent, this statement was sufficient to settle the question of public importance. When the man who is accusing Dr. Arsalan of involvement in wrongdoing, was himself conceding that the Court, as an institution, has never been involved in any such act, then the aspersion cast on the judiciary’s reputation stood cleared. The fears of the public could therefore be allayed. Justice Khawaja opined that when even a resourceful person such as Malik Riaz had been forced to concede failure in his attempt to compromise the integrity and independence of the country’s superior judiciary, despite the alleged payment of 34 crore rupees, then the public could rest assured that the gains of thier struggle had not yet been frittered away. On this basis, suo moto action was brought to an end.
At the same time, the judgment also contains observations against the alleged conduct of Dr. Arsalan Iftikhar accused of working in tandem with Malik Riaz and his son-in-law. With reference to the documents placed on record by Malik Riaz, the Court explained that they pertained mainly to money and other valuables, alleged to have given to Dr. Arsalan by the son-in-law of Malik Riaz. The Court ruled that if indeed this did happen, and if it was done in exchange for promises of delivering illegal favours, then these individuals must be tried and punished in accordance with law. The Court made it clear that such attempts by individuals, even failed ones, are illegal and punishable according to laws. These laws may include s. 163 (illegal gratification using personal influence over public servant), s. 383 (extortion) s. 415 and s. 420 (cheating), of PPC and s. 9 of NAB Ordinance. The Court did not, however, delve deeply into the contours of these various legal provisions nor did it determine the manner of their applicability to the present facts. That job, the Court opined, was best left to competent investigating agencies and the trial court, who could better judge the matter on the basis of evidence.
Bringing the suo moto notice to an end, the Court therefore turned the matter over to the attention of the Attorney General. The Court, nonetheless, expressed its expectation that the machinery of the State will be set 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.
The judgment also points out that some of the problem stemmed out of lack to due diligence displayed by media. He said that if there was indeed a conspiracy to damage the reputation of the judiciary, then breaking this news through a public interview uploaded on the internet, was probably not the most constructive way of passing the news on. He also noted that the supposed documentary evidence placed on record related only to around 4.5% of the alleged illegal transaction. No documentation had been supplied to the Court about the cash transactions, stated to comprise around 95% of the alleged amount given in bribes. Justice Khawaja suggested that the distinction between the conduct of Dr. Arsalan and the institutional integrity of the apex court should have been kept in mind from the very beginning. It should not have taken an in Court statement by Malik Riaz to settle that score.
In his concurring note, Justice Khilji Arif Hussain stated that the Court’s reputation cannot be considered to have been tarnished on account of the alleged misconduct of the relatives of judges, since such relatives are not officers of the state. He emphasized, however, that relatives of public officers should still show a high standard of conduct. Their failings, even personal ones, can sometimes cause great harm to the public and its institutions.
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SUPREME COURT OF PAKISTAN
Islamabad June 14, 2012.
today, the Supreme Court of Pakistan announced its judgment in the suo moto case regarding alleged business deals between Dr. Arsalan Iftikhar and Malik Riaz Hussain and the latter’s son-in-law. The judgment of the two-member bench was read out in a packed court room by Justice Jawwad S. Khawaja. Justice Khilji Arif Hussain has also added an additional note.
The judgment explains that the Court had to take suo moto notice over this case only to vindicate the people’s guaranteed right to access to information about a matter of grave public importance. The matter of public importance in this case, the judgment explains, was the aspersion cast on the independence and integrity of the superior judiciary of this country, particularly that of the Supreme Court and the Chief Justice of Pakistan. The ensuing media frenzy had left the people of Pakistan deeply concerned about whether the hard-won gains of their recent struggle for the independence of the judiciary, waged through blood, toil and tears, had been frittered away.
This is why the Court felt it necessary to record the statements of prominent media personalities through whose programmes such statements had come up. The Court had also put on record oral and written statements of Dr Arsalan and Malik Riaz along with the documentary evidence they provided. This material was analyzed in the light of the law and the Constitution. Legally, perhaps the most important statement that came up in the whole matter was a statement given in writing, and repeated in open Court, by Malik Riaz Hussain. It read: “it is categorically stated that I have all the regards and respect for the esteemed Supreme Court of Pakistan and its Honorable judges including the Honorable Chief Justice of Pakistan... [And] I did not get any relief whatsoever in the Suo-Moto/Human Rights cases pending before August Court contrary to the assurances and promises made by [Dr. Arsalan].
Just Khawaja explained that to a large extent, this statement was sufficient to settle the question of public importance. When the man who is accusing Dr. Arsalan of involvement in wrongdoing, was himself conceding that the Court, as an institution, has never been involved in any such act, then the aspersion cast on the judiciary’s reputation stood cleared. The fears of the public could therefore be allayed. Justice Khawaja opined that when even a resourceful person such as Malik Riaz had been forced to concede failure in his attempt to compromise the integrity and independence of the country’s superior judiciary, despite the alleged payment of 34 crore rupees, then the public could rest assured that the gains of thier struggle had not yet been frittered away. On this basis, suo moto action was brought to an end.
At the same time, the judgment also contains observations against the alleged conduct of Dr. Arsalan Iftikhar accused of working in tandem with Malik Riaz and his son-in-law. With reference to the documents placed on record by Malik Riaz, the Court explained that they pertained mainly to money and other valuables, alleged to have given to Dr. Arsalan by the son-in-law of Malik Riaz. The Court ruled that if indeed this did happen, and if it was done in exchange for promises of delivering illegal favours, then these individuals must be tried and punished in accordance with law. The Court made it clear that such attempts by individuals, even failed ones, are illegal and punishable according to laws. These laws may include s. 163 (illegal gratification using personal influence over public servant), s. 383 (extortion) s. 415 and s. 420 (cheating), of PPC and s. 9 of NAB Ordinance. The Court did not, however, delve deeply into the contours of these various legal provisions nor did it determine the manner of their applicability to the present facts. That job, the Court opined, was best left to competent investigating agencies and the trial court, who could better judge the matter on the basis of evidence.
Bringing the suo moto notice to an end, the Court therefore turned the matter over to the attention of the Attorney General. The Court, nonetheless, expressed its expectation that the machinery of the State will be set 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.
The judgment also points out that some of the problem stemmed out of lack to due diligence displayed by media. He said that if there was indeed a conspiracy to damage the reputation of the judiciary, then breaking this news through a public interview uploaded on the internet, was probably not the most constructive way of passing the news on. He also noted that the supposed documentary evidence placed on record related only to around 4.5% of the alleged illegal transaction. No documentation had been supplied to the Court about the cash transactions, stated to comprise around 95% of the alleged amount given in bribes. Justice Khawaja suggested that the distinction between the conduct of Dr. Arsalan and the institutional integrity of the apex court should have been kept in mind from the very beginning. It should not have taken an in Court statement by Malik Riaz to settle that score.
In his concurring note, Justice Khilji Arif Hussain stated that the Court’s reputation cannot be considered to have been tarnished on account of the alleged misconduct of the relatives of judges, since such relatives are not officers of the state. He emphasized, however, that relatives of public officers should still show a high standard of conduct. Their failings, even personal ones, can sometimes cause great harm to the public and its institutions.
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