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There is no conflict of interest in the execution of duties relating to the hearing of the Rs 342 million business deal between Arsalan Iftikhar, the son of the incumbent Chief Justice, and a real estate tycoon, Malik Riaz Hussain, Attorney-General Irfan Qadir contended in a five-page rejoinder submitted to the Registrar's office.
Qadir clarified that there was no conflict of interest, as his role as an attorney-general was merely to assist in questions of law and he did not represent any party or conflicting interest. The attorney-general's rejoinder was in response to the Supreme Court's June 14 verdict on Dr Arsalan Iftikhar's review petition excluding the National Accountability Bureau (NAB) from probing the matter and, instead, forming a one-man commission headed by Muhammad Shoaib Suddle tasked to investigate the alleged deal.
Irfan Qadir, referring to the Chief Justice's decision to step down from hearing his son's case contended: "It is a matter of record that the Chief Justice, after violating the code of conduct for two days, eventually realised his illegality on the Attorney-General's pointing out and thereafter stepped down from the bench....(AGP) saved the Chief Justice from continuing to commit misconduct in violation of his code of conduct and also endeavoured to save the other two judges from continuing to aid the CJP in commission of misconduct."
The attorney-general denied that he exceeded the mandate accorded to him by the Supreme Court in the matter, as he only referred to the relevant portion of the court's order and requested the Chairman NAB to proceed with the investigation in accordance with the law.
The attorney-general challenged the composition of the one man commission: "The (apex) court is rightly concerned about 'fairness and impartiality' which of course are principles that cannot be compromised in any circumstance (and) the attorney-general is perplexed how the name of Shoaib Suddle popped up in the first place."
Qadir also questioned fairness and impartiality in appointing Dr Suddle as the inquiry commission given that he (Suddle) was invited and attended Dr Arsalan's wedding functions hosted by the Chief Justice of the Supreme Court. Requesting for the withdrawal of notice against him in the matter, the attorney-general prayed the Registrar to place the reply before the court.

Copyright Business Recorder, 2012

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