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While resuming the hearing of suo motu case the Supreme Court directed the counsel for real estate tycoon Malik Riaz to submit a concise statement till Tuesday (today). A two-member bench comprising Justice Jawwad S. Khawaja and Justice Khiliji Arif Hussain was hearing the case where Zahid Bokhari, the counsel for Malik Riaz, and Sardar Ishaq, the counsel for Dr Arsalan appeared before the bench.
At the outset of hearing, Justice Jawwad S. Khwaja remarked that no other case was being discussed in the country and termed the case of allegations against Arsalan a "very significant development". Justice Khawaja said that three persons had submitted their written statements before the court so far, including the anchorpersons of a private television, adding that the bench was not concerned whether all the statements were right or wrong.
He further asked both the counsel about the provisions of law under which the present matter would be adjudicated by the trial courts. Upon which, Sardar Ishaq, told the bench that under Section 420 of Pakistan Penal Code (PPC) the matter would be sent for a trial whereas Bokhari argued that it was a matter that fell under the title of 'extortion' which should be dealt with under the Section 383 of the PPC.
Bokhari apprised the bench that his client was ready to appear before the court saying Malik had decided to return from the UK his doctors had not allowed him to travel. He further contended that Malik would reach Pakistan till June 11 midnight. He sought two more days time to submit a concise statement. Rejecting his plea, Justice Jawwad S. Khawaja directed him to get instructions from his client and file a concise statement till Tuesday. Otherwise, the case would be proceeded on the basis of material provided by Dr Arsalan through his concise statement.
The bench also issued directives to the administration of Bahria Town to communicate to its incumbent Chairman Ali Ahmed Riaz that he was required to appear before the court. During the hearing, Barrister Zafar appeared before the bench, saying he would represent the Bahria Town. Upon which, the court asked him to submit a concise statement till Tuesday.
Member legal Federal Board of Revenue (FBR) Aqil Mirza submitted a sealed envelope of "income tax returns" of Malik, saying that some record, from financial year 1986 to onward, that was missing would be submitted in the court within one day.
The bench also directed Attorney General for Pakistan to provide security to Dr Arsalan. However, Bokhari assured the court on behalf of his client that there would be no security issue for Dr Arsalan from Riaz Malik. During the hearing, Dr Arsalan submitted an application through his counsel Ishaq citing a television programme, which was disseminated on Sunday. According to that programme, the application said, anchorperson of that programme said that Malik had made claims that he possessed a video of Dr Arsalan family's snaps.
"I am ready to go behind the bars in the instant matter but will not allow anybody to involve my family members in the case," Dr Arsalan said while referring to the private TV channel's programme, that also claimed his family members' presence in London. Arsalan requested the court to allow him a few minutes to say something on the topic. But Justice Jawwad S Khawaja directed Arsalan to address the court through his counsel, who was present in the court. The hearing was adjourned till June 12 (today).

Copyright Business Recorder, 2012

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