Sunday 17 June 2012

An opportunity lost (Has the opportunity to reach the real conspiracy been lost?( My article published in THE NEWS on 17 June 2012)


A week back, the nation was dumbfounded, and shocked, by the revelation of family-gate and related developments. As per the story, Malik Riaz, a real-estate tycoon, facing numerous cases in the courts of law, had spent a considerable amount to entice Arsalan Iftikhar and the latter, somehow, fell into the trap and enjoyed a life-style not commensurate with his position.  While the politicians preferred to shy away, the Media, as usual, came in the forefront to present differing viewpoints on the issue, some terming it as a conspiracy against the Judiciary while the others felt that there was meat in the ‘story’.
The anxiety was turned into hope when CJ, in an unprecedented move, took a suo moto action on what may be ascribed as ‘hearsay’. People thought that not only speedy justice would be provided in whatever transpired between Malik Riaz and Arsalan Iftikhar but also those involved in the conspiracy, if any, would be exposed. As the proceedings progressed, people also hoped that in the process all those who had been financially benefited or bribed by Malik Riaz for gaining certain advantages would also be exposed. Unfortunately, this was not to be.
To start with, in this case there was no complainant, no defendant, not even an FIR, yet the CJ took suo moto action. May be, in his perception, the action was justified as judiciary’s image was at stake. The bench has, however, now ruled that “reputation of judiciary stood cleared” just by Malik Riaz’s statement, notwithstanding what Malik Riaz said in the press conference, in an interview on TV and the fact that a number of black coats are out on the streets to show solidarity with the CJ. It seems that the bench has hurriedly drawn this conclusion to pass on the bucket as it did not want to tackle the major issues stemming from this case – allegations on Arsalan, conspiracy to tarnish judiciary’s image and exposure of Malik Riaz’s beneficiaries. 
It is now a matter of record that within a span of few years, Arsalan Iftikhar’s business, whatever it is, has expanded at unprecedented pace. The allegations by Malik Riaz are also substantiated by written documents (though not of entire amount). However, the case has been handed over to the government for further investigations which itself is facing numerous charges and prone to blackmail and compromise. The trust reposed in the government investigation agencies in this case is, to say the least, intriguing.
All indicators are that Malik Riaz could not have done it alone and, complicity of the government, due to numerous reasons, could not be ruled out. Now that the case has been handed over to the AG, part of the government, any possibility of investigation into a conspiracy to tarnish the image of judiciary has been closed. 
Besides, being very close to the ruling elite, a manifestation of which we saw in the protocol given to him, it is unlikely that Malik Riaz would be probed about those obliged by him with bribes and other benefits.
As such, by referring the case to AG, the matter is practically closed or, should we say, hushed up, especially with regard to conspiracy and Malik Riaz’s beneficiaries. Judiciary has lost an opportunity to consolidate their hard-won independence. Probably the price, this time, was too high, higher than those who sacrificed their lives during the struggle for independence of judiciary.  


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