Dr Arsalan’s petition: SC issues notices to AG, Malik Riaz and others
By: Sohail Khan
ISLAMABAD: The Supreme Court on Tuesday issued notices to attorney general, business tycoon Malik Riaz and others, asking them to submit their concise replies by July 24 in Arsalan Iftikhar’s review petition.
A two-member bench of the apex court comprising Justice Jawad S Khawaja and Justice Khilji Arif Hussain hearing the review petition filed by Dr Arsalan Iftikhar in court’s June 14 judgement issued the notices.
Sardar Ishaq Khan, counsel for Dr Arsalan Iftikhar, contended that the court in its order of June 14 had asked the attorney general to use the state machinery for dealing with Dr Arsalan and Malik Riaz in accordance with law. He submitted that the attorney general, however, wrote a letter to the National Accountability Bureau (NAB) to deal with the case. He submitted that the NAB joint investigation team is illegal and requested the court to issue order debarring it from proceeding with the investigation.
At this, the court asked deputy attorney general as to whether the attorney general had written a letter to NAB? The deputy attorney general, however, replied that he is not aware of facts in this regard. Zahid Bukhari, counsel for Malik Riaz, contended that they did not receive notice and it was fixed for hearing expeditiously, to which they have objections. He contended that the review petition is not maintainable and he would submit his written statement before the court in this regard.
Dr Arsalan Iftikhar on July 13 had filed a review petition in the apex court judgment of June 14 in a case regarding alleged business deal between him and Malik Riaz. He had contended that the court orders were not being followed properly as the court did not order the attorney general to forward the case to NAB. He submitted that it shows the attorney general has wrongly interpreted the court decision.
Justice Khilji Arif Hussain said that in a review petition, only a mistake in the decision is pointed out. If the decision is not implemented, it could not be raised in a review petition. After the review petition, hearing seven different applications regarding the Revenue Cooperative Housing Society, the court also adjourned them till next hearing, declaring that the society has been merged with the Bahria Town.
Calling the court attention towards the applications submitted regarding the threat to the life of Malik Riaz and threats received by him, Zahid Bukhari stated that he had submitted two applications and withdraws one of them while the court should hear him on the other. On this, Justice Jawad S Khawaja remarked that how could they hear him when his application has not been fixed for hearing.
Zahid Bukhari said that he had submitted the application on July 2 but it has yet not been fixed. He requested the court not to take into account the technical grounds and hear him. On this, Justice Jawad S Khawaja said that how could they hear him when the parties have yet not been issued notices.
Zahid Bukhari said that the cases of Malik Riaz in lower courts are being affected; 12-year-old cases have been opened; his life is under threat; realising the seriousness of the matter, the court should hear this application. On this, the court directed to also fix this application for next hearing.