But He Does Not Throw it into its Nest>>
~ J. G. Holland
Comment
- By: Arif Nizami
- 11
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- 23 hours ago |
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
Comments (11)
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