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Supreme Court on Wednesday sought a list of witnesses and evidence within three days from petitioners and Attorney General for Pakistan (AGP) in a contempt of court case against real estate tycoon Malik Riaz Hussain, who has been accused of ridiculing higher judiciary. A bench of two judges comprising Justice Ejaz Afzal and Justice Ijaz Ahmed Chaudhry was hearing contempt of court case against Riaz.
On August 9, the court indicted Riaz for ridiculing and scandalising the judiciary at a press conference on June 12. Riaz denied the charges. During the course of proceedings, the bench directed AGP Irfan Qadir, who is also prosecutor in the instant case, to submit a list of witnesses and evidence in the matter. The counsel for the petitioners were also allowed to submit the same.
Ashraf Gujar, one of the petitioners, raised a point pertaining to absence of Riaz before the court. Dr Basit, the counsel for Riaz, submitted a medical certificate of his client stating that he was suffering from an acute medical problem. He requested the bench for his client's exemption from appearing before the court for being abroad.
Gujar, however, contended that the disease was not so complicated and could be cured in the country as adequate facilities of treatment were available. He further told the court that the hospital had issued medical certificate to Riaz could be consulted.
Justice Ejaz Afzal remarked that it was a right of any patient to get treatment from wherever he wanted. "Can we restrict the choice of a person? It is his constitutional right to get medical treatment of his choice," Justice Ejza Afzal told the petitioner.
Dr Basit contended that Riaz was already under medical treatment abroad before the present adjudication began. To this, Justice Ejaz Afzal, in a lighter vein, asked Dr Basit whether he was also a doctor. "I am not that type of doctor. I used to treat people's souls but did not give physical treatment," Dr Basit replied in a similar vein.
At the outset of the hearing, Dr Basit contended that to date the prosecution had not yet produced the list of witnesses and evidence. He requested the bench to ask the AGP to submit a list of witnesses and evidence before it, adding that the role of the petitioners who were the appellants had come to an end after the trial began in the instant case.
The counsel for Riaz requested for exemption of his client from appearing before the court till a decision of the case. The court, however, rejected his plea and directed Riaz to appear before the court on the next date of hearing. Dr Basit further contended that the court had already asked the AGP to prosecute his client. Hence the petitioners now could file their evidence through the AGP.
The AGP told the court that he would submit a list of witnesses and evidence within three days. Dr Basit said that Arsalan Iftikhar was the 'Ghanta Ghar of Faisalabad' in this case and pleaded that only a 15-minute cross-examination of Arsalan Iftikhar would determine whether or not he (Arsalan) received money. However, the bench observed that it was the duty of the prosecution to present the witness and asked him (Dr Basit) not to interfere in this matter. Later, the bench adjourned hearing of the case till September 17.

Copyright Business Recorder, 2012

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