Malik Riaz contempt case: SC removes AG Qadir as prosecutor

IRFAN QADIR

The Supreme Court of Pakistan (SC) Thursday detached the Attorney General Irfan Qadir as the prosecutor in a contempt of court case against real estate tycoon Malik Riaz Hussain.
During hearing of contempt of court case against Malik Riaz, the SC also sought a list of senior lawyers from the registrar for the appointment as prosecutor in the case.
It should be mentioned that the SC removed AG Irfan Qadir from the Malik Riaz contempt case due to his biased behavior.
The apex court on Monday had reserved the judgment as to whether AG Irfan Qadir could serve as prosecutor or not in the contempt case.
The attorney general had also submitted a request to make Chief Justice of Pakistan, Iftikhar Mohammad Chaudhry a witness in the case, adopting the position that judges have appeared before the court in the past. However, Justice Ejaz Afzal told the attorney general that being a prosecutor in the instant case, he was not supposed to defend the accused.
He further reminded the AG that he had been accused of being biased. Irfan Qadir however replied that Dr Arsalan Iftikhar had leveled accusations against him. The attorney general submitted that in order to prove Malik Riaz wrong it is important for the chief justice to appear before the court. He further requested the court to make Chief Justice of Pakistan Iftikhar Mohammad Chaudhry the prosecutions witness.
The court however, observed that the list of evidences, the learned attorney general was submitting shows as if he was defending the accused.
“Being a principal law officer, you should remain in your own jurisdiction”, the court asked the AG. Irfan Qadir however contended that he was an impartial law officer and assisting the court as per law.
Justice Ejaz Afzal however, observed that the court would examine as to whether the learned attorney general could serve as prosecutor in the instant case.
Dr Abdul Basit, counsel for Malik Riaz while appearing before the court contended that as per law, the court was not authorized to change the prosecutor. He further submitted that senior judges should hear the instant case instead of the present bench.
Dr Basit further argued that his client Malik Riaz should be freed if the chief justice does not appear as witness in the case since the contempt proceedings began as a result of Malik Riaz scandalizing and levelling serious charges at the chief justice at a press conference.
He further contended that since the dignity of the office of prime minister was increased when the former prime minister appeared before the court in a contempt case, therefore, the dignity of the court would also be increased, if the chief justice appeared before the court as a witness in the instant case.



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5 Comments

  1. abbas said:

    something fishy going on there -somebody has got cold feet and has something to hide- i am not a lawyer but logic demands that if you have nothing to hide than you should not be scared to appear.There are two sets of laws in pakistan- one for the politicians, one for the common man and the judiciary above the law.

  2. alikhan said:

    CJ and Arslan are above the law, all the immunity is world is available to them ONLY.

  3. aijazhaider said:

    Now that the SC has removed AG, IQ, the CJ must appear before the court and prove that MR is wrong and AI is innocent or accept that MR is right and AI is guilty. I am hopeful that even if not called, the CJ will appear before the court taking a "suo moto" decision he is reknowned for. If AI is proved innocent, MR will have to face the consequences of telling lies. If AI is found guilty, he will have to bear the penalty. In either case, the CJ will win, although at the cost of bearing the pain in case AI is found guilty. Hazrat Umar (razi-Allah-o-unho), in one case, ordered his own son to be whipped in accordance with the Islamic shariah. The CJ is in a lighter position because, if AI is found guilty, the ruling will be passed by justice EA and the CJ will be spared the painful situation of penalising his own son. Mr. CJ, IMC, go ahead and appear before the court, you will remembered forever, by both friends and foes. I foresee a memorable day with the CJ in the witness stand. Pakistan Zindabad.

  4. mukhtar said:

    It is funny to ask CJ to appar as witness. Let us not jump to conclusions IQ always thought he is above law and ridicule judiciray, he gained nothing by acting in rude manner

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