ISLAMABAD - Dr. Arsalan Iftikhar has alleged that Attorney General in his own style of monitoring inquiry has been bent upon to convert a baseless and false story of scam into a successful one.
He in this regard filed a review petition through his counsel Sardar Ishaq Khan on Friday under Article 188 of the Constitution read with Order XXVI of the Supreme Court Rules 1980 for review of June 14th, 2012 order passed in suo moto case.
Dr. Arsalan also filed an application under order 33 Rule 6 of the Supreme Court Rules 1980 seeking direction for Malik Riaz to produce Salman Ali Khan. He also prayed in the application he Salman should not be allowed to leave the country till the final decision of instant case.
A two-member bench on June 14, 2012 after hearing the case passed an order the Attorney General who has assisted us in this case is fully abreast of all aspects of this case.
“It is our expectation that he will set the State machinery in motion so that all those who may have committed any illegal act, including Malik Riaz Hussain, Dr. Arsalan, Salman Ali Khan etc are pursued and brought to book with full force and rigour of the law.”
Dr Arsalan claimed that Attorney General Irfan Qadir deliberately, wrongly interpreted the judgment of the court and tried to assume the role of chief inquiry officer and sent illegal directions to Chairman NAB, who without considering the factual and legal position obeyed the same without applying his own mind vis-à-vis his own jurisdiction in the matter.
He questioned whether the action of AGP amounts to denial of fundamental rights and due process as guaranteed under Article 10-A of the Constitution?.
He said that AGP couldn’t be entrusted with the functions of supervising, monitoring, controlling the investigation of the case as he has innate and deep routed grudge against the judiciary.
The AGP was removed from his office as the judge and then as Prosecutor General NAB, he added.
The petitioner maintained that Malik Riaz had admitted that he was not involved in any dealing and infact his son-in-law Salman Ali Khan had been doing all the alleged activities. No detail of bank accounts of Salman was provided nor the details of the payment through credit cards of Salman were mentioned, he stated.
He further said that as all the allegations pertain to foreign countries, so in view of it, whether NAB, FIA or police authorities of Pakistan has any jurisdiction to conduct any sort of inquiry? As Salman is a British national ,therefore, allowing the probe or inquiry in Pakistan through Attorney General would amount to futile exercise?.
Dr Arsalan stated that the head of various agencies of Joint Investigation Team have tainted past and their own axe to grind against the superior judiciary.
The Chairman NAB, whose appointment has been challenged in the Supreme Court, have proven links with Malik Riaz Hussain; as till recently his daughter namely Fahmina Bukhari has been working for Malik Riaz for the last few years, he said.
He alleged, in the petition, that Chairman NAB Fasih Bukhari was inducted in NAB on the recommendation of Malik Riaz Hussain and soon after his induction he was offered and accepted allotment in his name of a plot worth Rs 100 million in Islamabad.
He stated that JIT member Kausar Iqbal Malik DG Financial Crimes Investigation Wing has a house in Bahria Town Rawalpindi, while Faisal Memon SP (Rural) was sticking close with Malik Riaz Hussain on his first visit to Supreme Court, although he had not been assigned any such duty on that date.
Malik Riaz Hussain at the behest of high-ups, including son of ex-PM Syed Yousuf Raza Gilani has hatched a conspiracy, which has been exposed in a programme of private TV channel, he said.
Malik Riaz Hussain is proved to be leading a systematic campaign against judiciary with the ulterior motives and mala fide intentions to malign the Supreme Court, he added.