Thursday, June 14, 2012

Chief Justice Iftikhar Chaudhry Should Resign

For six long months, Chief Justice Iftikhar Chaudhry of Pakistan knew that his son was on the take from a notorious property baron Malik Riaz Husain, and yet he did nothing to stop his son's illegal activities. Mr. Chaudhry was too busy waging a much-needed jihad against corruption by other powerful individuals through his suo moto actions.


 Mr. Chaudhry finally acted against his son after the allegations became public in Pakistani media. His action appears to be self-serving to try and salvage his own reputation. Malik Riaz Husain, CEO of Bahria Town, has now offered detailed evidence and documentation to back up his charges against Chaudhry's son Arsalan Iftikhar of accepting bribes worth $3.7 million (Pak Rs. 340 million).

Predictably, Mr. Chaudhry's fellow judges are trying to silence the accuser by initiating contempt proceedings against him, a favorite tool of the current serving judges of the highest court in Pakistan to chill dissent. Other Chaudhry supporters are in denial. They are crying "conspiracy" to try and absolve him of a very serious lapse.

Judge Chaudhry's failure to act when he first learned about his son's corruption charges has put a harsh spotlight on Pakistan's Supreme Court as an institution. It has put at risk the noble efforts of Mr. Chaudhry to rid Pakistan of corruption at the highest levels of government. What's most important now is to try and restore confidence in Pakistan's higher judiciary as an institution.

Mr. Chaudhry must resign as a first step toward rebuilding trust in the institution. Other senior judges must then step in to order a thorough investigation into the activities of Mr. Malik Riaz Husain, and they should let the evidence lead them wherever it goes, including many powerful individuals in government, legislatures, military, political parties, lawyers' community and mass media who are alleged to have accepted illegal payments from him in return for lucrative contracts and other favors to Bahria Town.

The culture of corruption must end for Pakistan to offer hope to its people for their future.

Here's the video of a recent TV interview on this subject I participated in:

 

Related Links:

Haq's Musings

Culture of Corruption in Pakistan

Pak Judges' Jihad Against Corruption

Chaudhry is No Angel

Justice Chaudhry's Address to New York Bar

Incompetence and Corruption in Pakistan

Zardari Corruption Probe

NRO Amnesty Order Overturned

Transparency International Rankings 2011

27 comments:

AH said...

What's your logic here?
Why should Chaudhry resign? His son accepted bribes, not him. He is innocent.

Riaz Haq said...

AH: "What's your logic here?"

Here's my logic:

Ch Aitazaz Ahsan says he told Justice Chaudhry about his son's misdeeds six moths ago.

Iftikhar Chaudhry has lost all credibility and moral authority by ignoring it until the public disclosures forced his hand.

He has tarnished the institution. He should go if he cares about restoring faith in it.

Shahzad B. said...

I agree... We cannot take the high road and ride the low horse...

Idris S. said...

hahahha.....Ch Aitazaz told him.....what a joke.

Riaz Haq said...

Idris: "hahahha.....Ch Aitazaz told him.....what a joke."

Even if you disregard Aitazaz Ahsan's statement, you still have to ask why his son Arsalan's expensive vacations (along with CJ's wife and other family members) to London and Monte Carlo on a govt doctor's salary did not register with the CJ.

Shafique A. said...

A lot lot more is yet to come out from the scandal planted by so many (with clear vested interests) at the helm of affairs in the country. There is not a bit justification to even think of asking the CJ to quit. He is the only hope in the country on whome the patriot citizens and a common man can depend. Mr Arsalan will meet his destiny if found guilty.

Saleem K. said...

Riaz sahib,
I believe you are pre judging the case before knowing all the facts. CJ should go if and only if he has known
for last six months (as you say) of his son's participation in the corruption scandal, but if the father did not
know the situation than the son and only the son is responsible.
Best Regards.

Riaz Haq said...

Saleem: "I believe you are pre judging the case before knowing all the facts. CJ should go if and only if he has known for last six months (as you say) of his son's participation in the corruption scandal, but if the father did not
know the situation than the son and only the son is responsible."

Even if you disregard Aitazaz Ahsan's statement that he told CJ about it 6 months ago, you still have to wonder why his son Arsalan's expensive vacations (along with CJ's wife and other family members) to London and Monte Carlo on a govt doctor's salary did not register with the CJ. Why did he turn a blind eye to this lifestyle that was clearly beyond his son's known means.

Anonymous said...

Only those resign, who holds the dignity of the position (they hold) above their selfish self.


Some relevant Facts of story:

CJ is a political judge and so are the other handpicked judiciary.

CSS exams are a joke, even failed candidates can be appointed as a police officer and judges, either by paying bribe or using the influence of their dishonorable fathers.

Internationaly, Islamic Republic of Pakistan is classified as most corrupt state ever on earth, while people are forced and even intimidated to call its judiciar, fare!

CJ has swore upon Quran, that he was oblivious of overwhelming prosperity of his son!


I leave it to the Pakistanis to trust, that:

No one brought attention of CJ to the open letter, mentioning corrupt ways of his son and injustice in his practice!
CJ didn't knew the price of BMW, his son use to drive!
CJ didn't discussed about or said goodbye to his son, travelling to UK for holidays!
CJ didn't knew he or his son shouldn't meet the litigants of his court in private!

The real paradox or calamity of the whole episode is that interior ministry had no courage to directly approach the 'holy cow' (or) 'don' may i say!
No doubt, Interior ministry and NAB overlooked the imbalance of earnings and expenses of 'don' and used it as a bargain chip to earn legal protection for the fake degree of Asif Ali Zardari.

When it comes to the media and masses, every one has his preconceived declarations from day one. Suiting their individual political association.
While no one thinks logically and question the source of information.

While, IMO, the biggest hypocrite, popped up in the whole episode is Imran Khan, who brand him self Tsunami of justice.
Yet, failed to point out the partial self of judiciary or demand an impartial judicary on the occasion.

I'm sure dons of Pakistan, have overwhelmed the tycoon Malik Riaz.

Anonymous said...

If the OP's allegations against the CJP are true then very very sad! Not good for Pakistan that even an inspiring figure like the CJP has been compromised even if indirectly.
I have not liked the, what I call, 'selective justice' from this judiciary--targeting mainly PPP, letting go terrorism-suspects too soon, meddling into 'executive' affairs too much, and virtual denial of the supremacy of the parliament.. But I had still thought better of them than financially compromised individuals.

M. Khan said...

Must Iftikhar Chaudhry Go?

It will be a shame returning the highest award for which he went abroad, a few weeks ago.

S Qureshi said...

Dear Riaz Haq,

Situation is very different here in Pakistan. A huge majority of Pakistanis are firmly standing shoulder to shoulder with CJ.
Its really hard to understand the scheme of things from outside Pakistan.

The mood of the people on main street is that, all corrupt ha ve ganged up against CJ now (even the some TV channels and might anchors).

Awaam has to defend our beloved CJ. He has no one else left except ordinary Pakistanis for his support.

Ahsan L. said...

Mr.Riaz

In my opinion you got to be out of your mind tocall for the removal of JUSTICE chaudry.He is one of the most honet person among all the govt officials.As you know his son is a grown person then how Chaudry become responsible for his son's action.For example if you become a theif and strart robbing left and right then does this means that your parents
are responsible for your act and they should be put behind the bar.In my opinion one should think before calling for resignation by Justice Chaudry.He is a decent person andwe all must respect him for keeping judiciary working.

Riaz Haq said...

Ahsan: "In my opinion you got to be out of your mind tocall for the removal of JUSTICE chaudry.He is one of the most honet person among all the govt officials.As you know his son is a grown person then how Chaudry become responsible for his son's action..."

Even if you disregard Aitazaz Ahsan's statement that he told CJ about his son's corruption you still have to wonder why his son Arsalan's expensive vacations (along with CJ's wife and other family members) to London and Monte Carlo on a govt doctor's salary did not register with the CJ. Why did he turn a blind eye to this lifestyle that was clearly beyond his son's known means.

Justice Chaudhry has been waging war against corruption in Pakistan but his suo moto actions have been selective. He has gone after the PPP corruption with a vengeance but ignored his son's corruption for months without action until it became public through the media. Nor has he pursued corrupt PML leadership.

His actions have been perceived as very biased and now there is confirmation.

He should resign because he has lost the moral authority to sit in judgement.

Seeker said...

the judgment from CJ speaks that his loyalty is with terrorist and enemies of Pakistan. more than 350000 pending cases in lower courts but his all efforts are to topple PPP govt.Million of people are looking for judgment for ages in lower courts but this is not matter of CJ. He had open memogate and give judgment too on one article without evidence, but not accepting the solid evidence against his own son.
why don't media demand resign for him on " ikhlaki" basis like they did in pm case.
don't say that he is innocent in this case. this case is directly link with "azad(qanoon say) adalya"

Riaz Haq said...

Here's a Gulf News story on Pak media's role being questioned:

Claims across the Internet suggest that a number of Pakistani journalists, including some very high-profile ones, also received large payoffs from Riaz. As expected, the claims have been rebutted by some of those targeted in the allegations.


Who will watch the watchdog?

There are compelling questions related to media that must be resolved

By Farhan Bokhari, Special to Gulf News
Published: 00:00 June 17, 2012
Gulf News

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Who will watch the watchdog?

Image Credit: LUIS VAZQUEZ/©GULF NEWS

A week of high drama is not unknown in Pakistan as the country is often caught in the proverbial ‘eye-of-the-storm’. But the past week has been unusually dramatic even by the standards of Pakistan’s moments of recurring turmoil and continuing uncertainty.

This latest episode began when media reports raised questions over the conduct of a son of Pakistan’s Supreme Court Chief Justice, Iftikhar Mohammad Chaudhary. Arsalan, Justice Chaudhary’s son, reportedly received large sums of money from Malek Riaz, Pakistan’s best-known realty tycoon.

In the wake of the controversy, the Supreme Court has stepped in to investigate the matter. However, in the meantime, the storm has widened to bring out some very disturbing questions over the conduct of prominent players across Pakistan’s increasingly robust media.

Claims across the Internet suggest that a number of Pakistani journalists, including some very high-profile ones, also received large payoffs from Riaz. As expected, the claims have been rebutted by some of those targeted in the allegations.

Article continues below

However, the matter cannot be taken lightly. In the past decade, Pakistan’s media has emerged as the most visible example of an increasingly open country where democratic values have rapidly taken root. This evolution has armed the Pakistani media with the reputation of being an emerging watchdog.

But the status of watchdog notwithstanding, parts of Pakistan’s media, notably the country’s TV channels, have also acquired the reputation of behaving without any restraint. The latest controversy in Pakistan only deepened when Riaz was shown in an interview with a private TV channel, questioning the conduct of Justice Chaudhary.

More damaging for Pakistan’s emerging private media has indeed been the leakage of video footage on the Internet, which clearly showed exchanges between Riaz and two prominent TV hosts during breaks in that interview, which. in part. could at least be construed as being potentially offensive to the top judiciary. Last Friday, justice Chaudhary presided over a special session, with other Supreme Court judges present on his side, to review the footage and decide the best way forward.

Irrespective of how the judges will proceed from here, there are indeed compelling questions related to the media itself which must be debated and resolved.
---------
While a free media is central to the successful evolution of any democratic society, no entity in a free environment must ever be allowed to carry on its work without some element of independent oversight. Tragically, in Pakistan’s case, it seems that the country’s rapidly evolving free media has flourished without legitimate constraints. Pakistan is haunted today by a question that should have been asked when this evolution began in the first place, which is: Who will watch the watchdog?


http://gulfnews.com/opinions/columnists/who-will-watch-the-watchdog-1.1036591

Ahsan L. said...

I do not agree with your opinion.I think you cant find any better cj at the present time when you look into country corruption from top to bottom

Riaz Haq said...

Ahsan: "I think you cant find any better cj at the present time when you look into country corruption from top to bottom"

It's the institution, not the individual, that we should support. No single individual is indispensable.

Ahsan L. said...

Why you could not fix the other instititions that have been destroyed completely ie,no power,water,sewerage,gas,petrol,power,railway,pia and etc..The only institution that is left in tact and functional you are trying to destroy that one too.Please leave the supreme court functioning as they are working now theinand doing a good service for a common person in the country.

Riaz Haq said...

Ahsan: "Why you could not fix the other instititions that have been destroyed completely ie,no power,water,sewerage,gas,petrol,power,railway,pia and etc..The only institution that is left in tact and functional you are trying to destroy that one too."

The best way to protect any institution, including judiciary, is to get rid of tainted individuals. There should be no sacred cows.

Chaudhry is now tainted by failing to act when he first learned about his son's excesses. He must go to save the top judiciary so that it can pursue other wrongdoers with a clear conscience.

Riaz Haq said...

Here's an ET story on PPP Senator Faisal Raza Abidi's allegations against Justice Chaudhry:

The senator said that if the chief justice does not tender a resignation, then he will “force him out from the same way he had been restored as a judge.”

“He [Justice Chaudhry] says that he did not have any idea where his son got all that money from…I ask, when the case emerged, did you ask him where he got Rs900 million from?”

The senator produced bank account statements of Dr Arsalan and said that the person who used to “work under somebody else” now owns billions of rupees. He also showed that the billing address mentioned was that of the Chief Justice House in Islamabad.

“You [Justice Chaudhry] are to be blamed for this. This happened right in front of you. You cannot pretend to not know anything. Who gave Dr Arsalan the right to use government’s property for running his own businesses? Could he not rent out an office in some other area?”

He said that he would now “personally” investigate about Dr Arsalan’s assets and will also fly to Dubai and London to inquire about his international bank accounts. “I will probe into the accounts he has activated under the name of mamu.”

Abidi said that the Parliament is supreme and is above other institutions.

“Parliament forms laws and constitutions. Who gave you the right to criticise and meddle in its affairs?”

“I accept your challenge in the war you have waged against the parliament. But mine is not a war of arms, but is a war of words, because Pakistan cannot afford agitation at this moment as it is already going through tough times.”


http://tribune.com.pk/story/417885/faisal-raza-abidi-demands-chief-justices-resignation/

Riaz Haq said...

Here's an Express Tribune report on Aitazaz Ahsan criticizing Pakistan Supreme Court judges in an interview with BBC:

Senior Pakistan Peoples Party leader Senator Aitzaz Ahsan has said that, in some matters, the judiciary is stepping out of the domain of the constitution and is getting ‘too independent.’

In an interview with the BBC Urdu on Tuesday, he said that the Supreme Court’s activism is one sided and not equal for all aspects.

“Judiciary is independent, it is too much independent, actually it is getting ‘free’ of the constitution in some matters,” stated Aitizaz.

Pointing towards the supremacy of the Parliament, he said that the parliament can make amendments in the Constitution with a two-third majority, and this cannot be challenged in court.

Commenting on the role of Chief Justice of Pakistan Iftikhar Mohammad Chaudhry, Ahsan said that the fromer’s gallant role against former president General (r) Pervez Musharraf had served to strengthen the democratic setup in the country, but subsequent actions had prompted people to question the judiciary.

Some judgements passed by the Supreme Court recently eliminated any possibility of the country returning to martial law and, therefore, there is no chance of the military taking over in the future, Ahsan noted.

On former Prime Minister Yousaf Raza Gilani’s disqualification by the SC, the Barrister said that he believed dismissing Gilani was a wrong decision, adding that the case was not a matter of disqualification, rather it was an issue related to the jurisdiction of the judiciary.

He questioned that how could the court ask to open a case against the President in a foreign court while the Constitution clearly granted him immunity?

Ahsan said that the stance taken by the Chief Justice in a speech that the judiciary can stop the Parliament from a Constitutional amendment clashes with the Supreme Court’s own decisions. He added that the apex court can review the amendments made through simple majority for any discrepancy within existing articles of the constitution, however, an amendments passed with a two-third majority cannot be challenged in the court.

Talking about the controversial Arsalan Iftikhar case, he said that the proceedings against the CJ’s son had raised questions about the court’s impartiality. He said that the present the judiciary is diverting from the prevailing principles of investigation into Arsalan’s alleged dealings with Malik Riaz Hussain.

On his movement for the restoration of judges, Ahsan said he had no regrets and that it was a movement for the victory of the people.

PPP to win next elections

Speaking on the upcoming general elections, the Barrister said that the PPP would not only win but also be able to form a government since President Asif Ali Zardari has now the experience of forming a hung parliament.


http://tribune.com.pk/story/419030/supreme-court-getting-too-free-stepping-out-of-constitutional-domain-aitzaz/

Riaz Haq said...

Here's a Bloomberg report on Pakistan's new wire-tappig law:

Pakistan’s National Assembly approved a bill allowing use of electronic evidence from wire- tapping and communication intercepts against terror suspects after a large number of acquittals by anti-terrorism courts for lack of proof.

“It is an accepted fact that terrorists are not getting convicted and are not brought to justice because of lack of relevant rules and laws,” Law Minister Farooq H. Naek said while presenting the bill in the National Assembly, or the lower house, in Islamabad today.

The U.S. “Country Reports on Terrorism 2011,” released in July, put the acquittal rate for terrorist cases to as high as 85 percent in Pakistan, which is seen as a hub of global terrorism. Al-Qaeda chief Osama bin Laden was found and killed in a Pakistani town by U.S. Navy SEALs in May 2011.

Nuclear-armed Pakistan is an ally of the U.S. and has lost more than 40,000 people to bombings by the Taliban since joining the U.S. in the war on terror after the Sept. 11, 2001, attacks.

The bill, which was unanimously passed by the National Assembly, now goes to the Senate, Pakistan’s upper house.


http://www.bloomberg.com/news/2012-12-20/pakistan-backs-wire-tap-evidence-to-bolster-anti-terrorism-law.html

Riaz Haq said...

The contents of the proceedings in Qadri case have been widely reported and corroborated by multiple sources about the entire line of questioning which had nothing to do with the merits of the claims made in Dr. Qadri's petition. Instead, the Court chose to impugn the motives and loyalty of Dr. Qadri simply based on the fact that he is a dual national.

This court, particularly its chief justice, is an activist court that exercises absolutely zero judicial restraints. It disregards the letter and the spirit of the constitution and the laws of Pakistan to pursue its own agenda. It attempts to squelch all criticism by threatening frivolous contempt charges regularly.

It usurps the power of other institutions of government, particularly the legislature and the executive....something that has drawn strong criticism of Geneva-based International Commission of Jurists for overstepping its authority.

Justice Katju, former Indian Supreme Court Judge, has criticized Pakistan Supreme Court for "showing utter lack of restraint".

Justice Chaudhry has personally been criticized for his judgements in multiple cases by Chaudhary Aitazaz Ahsan who led the movement to restore him.

Chaudhry and his fellow judges deserve to be closely scrutinized and criticized when they make mistakes. In a democracy, everyone should be held accountable for their actions. No one should get a free pass.

http://www.riazhaq.com/2013/02/chaudhry-court-puts-pak-diaspora-on.html

Riaz Haq said...

While Chaudhry's court is busy settling scores with its "enemies", the cases backlog is rising to unprecedented levels---20,000 cases in Supreme Court and 1.5 million cases in the country's various courts. Each day, the chief justice of Pakistan's Supreme Court confronts a stack of blue folders stuffed with desperate pleas from residents claiming that corrupt police, inept prosecutors or moribund lower courts have failed them.

Riaz Haq said...

http://www.pri.org/stories/world/asia/pakistani-judicial-system-groans-under-corruption-volume-of-cases-8268.html Pakistan has "a judicial system that can be extremely slow at it's best, and downright corrupt at its worst".

Riaz Haq said...

http://www.article2.org/mainfile.php/1201/431/ From Article2.org When it was revealed that Mr. Arsalan Iftekhar had been involved in corruption in August 2012, the zealousness of the judiciary, and particularly the Chief Justice, against the Executive and Legislative branches by issuing orders to investigate, prosecute and arrest on the pretext of eradicating corruption did not happen to his son's case. Chief Justice Chaudhry rather allegedly took advantage of his position in the judiciary to prevent any such investigation. Mr. Chaudhry was alleged to have known full well of the corrupt practices of his son. The allegations against Mr. Arsalan should have been duly investigated.

Mr. Arsalan's accuser, Mr. Riaz Malik, a property dealer, claimed Mr. Arsalan had allegedly taken bribes in a form of a luxury flats in London and hotel accommodation in Park Lane. He gambled in Monte Carlo allegedly in exchange for favorable decisions from the court cases that his father was handling. Allegedly he has received cash of over 2 million pounds sterling. Chief Justice Chaudhry was accused of using his influence to prevent the investigation. To his son's defense, Chief Justice Chaudhry argued that the allegations were an attack, not to him or his son, but on the independence of the judiciary.