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Not only has the Chief Justice of Pakistan, Iftikhar Mohammad Chaudhry, appreciated the wisdom of the wise, including perhaps not-so-wise the Attorney General for Pakistan (AGP) and acted in accordance with the code of conduct for members of the superior judiciary adopted in 2009 that 'A judge must decline resolutely to act in a case involving his own interest, including those of persons whom he regards and treats as near relatives or close friends', he has silenced his detractors by disqualifying himself from participation in a suo motu case against his son on grounds such as: prejudice or personal involvement or potential conflict of interest.
Avoiding impressions - real or perceived - of attempts aimed at perverting the course of justice, the Chief Justice has done justice to such a complex issue by dissociating himself from the matter and constituting a new bench to hear the case.
That the case of CJP's son Arsalan Iftikhar before a bench of the supreme court has captured the attention of the citizens to the exclusion of all other issues is not surprising. In a country where the present Supreme Court and particularly the Chief Justice himself, are viewed as the last bastion and hope for accountability for the rampant corruption, abuse of power by the high and mighty, and protection of fundamental rights of the hapless citizens, a mere insinuation of wrongdoing transmits spine-chilling shock waves through people.
For quite some time there had been a whispering campaign that a big scam involving a very high personality's family is about to unfold. Slowly and gradually scanty details by way of leaks began to emerge. The CJP, to his credit, took a suo motu notice and summoned the concerned parties before the court to get to the bottom of the whole sordid affair. The matter, as unfolded till now, involves the allegation that Arsalan did receive a large financial gain from real estate tycoon Malik Riaz with a view to influencing latter's cases in the Supreme Court. This has been denied by Arsalan in very categorical terms. The allegations and denial notwithstanding, there is however not a shred of evidence or even a broad hint to suggest that CJP or other members of his family were involved or aware of this matter in any manner whatsoever.
Unfortunately, however, our culture is largely characterised by high level of corruption and nepotism, and the systemic neglect of problems. This aspect of society was highlighted by none other than the Quaid-e-Azam himself in his speech on the floor of the Viceroy's Legislative Council well before we became an independent country. One must not lose sight of the fact that some big businesses are often accused of corroding democracy when they use their vast wealth to influence policy- and decision-making processes to further their own interests. There is also a tendency on their part to exert direct and indirect influence on the mainstream media and its content in order to 'foster' their product-friendly moods and cultures through clever use of advertising budgets. Now that the apex court is seized of the matter, we are confident that this will be thoroughly probed and the guilty brought to justice. Regardless of its effect, the truth is truth and must prevail.

Copyright Business Recorder, 2012

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