Friday, September 7, 2012

CJ's son Case

IT`S about time more light was shed on the critical Arsalan Iftikhar-Malik Riaz scandal, and there is some hope that Shoaib Suddle`s investigation into it might do so. The federal tax ombudsman is a man known for his competence and integrity, and from that point of view the Supreme Court`s choice of him to pick up the investigation is a smart one. But his appointment, and the developments that led to it, also highlight the potential conflicts of interest involved in this case, one that pits one of the country`s most influential businessmen against the son of the country`s most influential judge.

From the very beginning it was clear that the case would be a test of the judiciary`s impartiality. But the complete dissolution of a joint investigation team that was looking into the matter, and the appointment of a one-man commission instead, are both unusual developments.

They also set a dangerous precedent. The JIT consisted of officials from NAB, the FIA and Islamabad police, and while there is some circumstantial evi-dence that some of the officials involved in it may have been close to Malik Riaz, its disbanding opens the door for others under investigation in the future to refuse to comply by claiming that state agencies carrying out probes are biased. As an alternative, some officials on the team could have been replaced rather than dissolving it altogether. Also, Mr Suddle will need the assistance of the agencies that were represented on the JIT, and perhaps some of the individuals themselves, and the SC has ordered that the evidence collected by the JIT be handed over to him. So if this is a cosmetic change to some degree, that too raises the question of why the court would go to such lengths to respond to Arsalan Iftikhar`s objections. Ultimately, the crux of the matter is that this is no ordinary case. More than in other instances, the SC needs to demonstrate that justice has been done.

What this saga now needs is a speedy, impartial conclusion, so that any lingering questions about corruption tainting the superior judiciary can be put to rest.

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