When former president General Pervez Musharraf decided to embark upon his politically suicidal path in March 2007, the first step was the production of a reference against the Chief Justice of Pakistan Iftikhar Muhammad Chaudhry — a fatal move. The first item of the reference concerned the CJP’s son, Arsalan Iftikhar, a doctor, who since then has now come somewhat full circle.
Justice Chaudhry was charged with having influenced the upward mobility of his son’s career. In 1996, the son of a judge of the Balochistan High Court managed a ‘C’ grade in his intermediate examination. This being insufficient for him to gain admission to the Bolan Medical College, Quetta, the judge allegedly approached the Balochistan chief minister with the request that the son be admitted to the college, regardless of his grade and given a special or vacant seat. Apparently this was done.
Nine years later, in June 2005 (his father, by then on the Bench of the Supreme Court), the young doctor was appointed as a medical officer in Quetta’s Institute of Public Health. In July, a short time following this appointment (by this time Justice Chaudhry was chief justice of Pakistan) the Balochistan chief minister again allegedly came to the aid of Arsalan Iftikhar, ordering his promotion as a section officer in the health department.
According to the reference, in that same year, August 2005, the young man decided to redirect his career. A letter was sent by the interior ministry to the Balochistan chief secretary informing him that theFIA wished to acquire the services of Dr Iftikhar. By September 2005, the doctor had a job as an assistant director in the FIA. This was followed up in April 2006 by his promotion to the position ofdeputy director.
Then, Arsalan, as claimed the reference, decided he would prefer a career in the police service. So, the ministry of the interior acted again, allowing him to bypass the necessary competitive services examination and the commandant of the National Police Academy was instructed to take him and put him through a course of field training, usually exclusive to Police Service of Pakistan (PSP) officers, after which, he was scheduled to move over to the Punjab Police.
But it was not that simple. For the doctor to be admitted as a permanent employee of the PSP, an amendment would have to be made in the Police Service of Pakistan Rules, which requiredpresidential assent, the reference alleged. The prime minister’s secretariat was requested to do the needful but apparently the desired amendment did not materialise. The reference claimed further that in October 2006, he was nominated as a non-PSP officer to attend a training course in Istanbul, interestingly enough on the subject of Combating International Terrorism and Organised crime, the only non-PSP and sole under training individual to do the course.
Well, if our press and Dr Iftikhar are to be believed, the young man has moved on considerably and is now involved in business. He has also done quite a bit of travelling — regularly to Europe, London and Monaco, that we know of. It would seem that he is either naïve or forgetful when it comes down to brass tacks. In his statement dated June 6, made in the Supreme Court, referring to his 2011 visit to London, he stated: “I do not know from whose credit card the rent of the flat, which I remotely remember was around 3,200 pounds sterling per week, was paid. Perhaps I stayed for four weeks…”
All highly unfortunate — a bit of a thorn in the flesh would one not say? The country and his father could well have done without the innuendos and conjecture now being bandied — or with the flashes of truth.
Published in The Express Tribune, June 16th, 2012.
2.Ref
II., Case of CJP’s son to be part of charge sheet.
ISLAMABAD: March 10, 2007
The government had gone an extra mile to facilitate the appointment of the son of deposed Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry in the police department — the issue that is likely to form part of the charge sheet for his ouster. Different federal and provincial authorities have been formally issuing orders during the past one and a half year to favour Dr Arsalan Iftikhar, the deposed CJ’s son, in a manner that is unique in the history of the country. If Arsalan’s case is probed, it gives a much more serious charge sheet against the government authorities than the already charge sheeted Justice Iftikhar.
On the official files, there is no evidence of any formal request from the deposed CJ seeking any favours from the government for his son or that Justice Iftikhar in any way had pressurized the authorities to do the ‘undoables’ for his son-Dr Arsalan Iftikhar. The facts of the deposed CJ’s son case show that the government extra-ordinarily and unprecedently facilitated Dr Arsalan for his training in the police department. As far as the documentary evidence is concerned Justice Iftikhar comes in the picture only for being the father of Dr Arsalan. There is nothing in the files to prove that Justice Iftikhar had written or verbally requested the authorities to favour Dr Arsalan.
The Arsalan case was first reported by The News last year despite government pressure at that time that the issue should not be highlighted. Justice Iftikhar’s son as already reported had flunked thrice in the Central Superior Services (CSS). He had challenged in the Balochistan High Court the marking of his English paper in his last CSS written test. The Federal Public Service Commission presented the paper for the first time before the high court, which showed that Dr Arsalan got only 16 out of 100 in English, therefore, could not pass the CSS written.
Dr Arsalan is a Balochistan health department employee, who in 2005 joined the federal investigation agency (FIA) on deputation from where he was immediately sent to National Police Academy to undergo specialized police training along with the CSS recruited probationer ASPs. Presently Dr Arsalan is serving as an under-training superintendent of police in Lahore. Last year, as already reported, he sought his regular induction into the police service of Pakistan from the prime minister. The PM’s secretariat referred his case to the Establishment Division to see if rules could be relaxed. But before any decision could be taken, this newspaper reported the matter in August last year that compelled the government to shelve the case.
In the light of the official documents, the following is the presentation of the case:
Fact 1. On September 5, 2005, Interior Ministry through an official notification placed the services of Dr Arsalan Iftikhar (Health/B-17), Section Officer Health Department Balochistan, at the disposal of Ministry of Interior for his posting as an assistant director FIA on deputation basis for a period of three year.Fact 2. On September 18, 2005 Chief Secretary Balochistan K B Rind through an official notification referred to the Interior Ministry’s Sept 5 notification announces to relieve Dr Arsalan of his duties from the province with immediate affect.Fact 3. On October 1st, 2005, the ministry issued yet another order to the commandant National Police Academy, Islamabad saying: “Dr Arsalan Iftikhar (Health/BS-17) Government of Balochistan, posted in FIA vide Notification No.3/1/2002-Estb (FIA) dated 5.9.2005 is hereby attached with the National Police Academy to undergo training with the C.T.P Batch for the period of nine (09) months w.e.f. 3.10.2005.”Fact 4. On May 24, 2006, the ministry issued an order to allow Dr Arsalan for completion of remaining (field) training programme alongwith the 32nd batch of the PSP probationers.Fact 5. On June 27th 2006, the National Police Academy issued an order saying, “Vide Govt. of Pakistan, Ministry of Interior letter No. 3/4/2006/Estb/(FIA), dated 24.05.2006, Dr Arsalan Iftikhar (DD FIA), is hereby relieved on 27th June, 2006 (A.N) for completion of remaining training programme of 32nd CTP, and directed to report to Elite Police Training School, Bedian Lahore on 02.07.2006 for six weeks Orientation Course. After completion of the said course he will report to CPO Punjab, Lahore for Phase-III part of training which is six month Field Attachment.Fact 6. On 19.08.2006, the Inspector General of Police Punjab issued order for Dr Arsalan’s attachment with Superintendent of Police Cantt. Division, Capital City District, Lahore for field training phase-III.Fact 7. On 30.08.2006, the police department Punjab issued Dr Arsalan’s detailed schedule attachment for 24 weeks.Fact 8. On October 19, 2006, Punjab Police issued yet another order announcing that along with seven other regular serving police officers, Arsalan Iftikhar is nominated for a foreign short training course in combating international terrorism and organised crime. The same order added: “Ministry of Interior, National Police Bureau, Islamabad has approved the nomination of following officers (that include Dr Arsalan) for the subject course scheduled to be held from 30-10-2006 to 03-11-2006 in Istanbul.”
None of the notified facts, reflected above, referred to the deposed CJ in any case. The man treated in a unique fashion is Dr Arsalan Iftikhar and the authorities that have extended police training opportunities to a non-police officer are the federal and provincial offices.
The issue of Dr Arsalan was “forbidden” for the media almost a year back but in the recent weeks media houses in Pakistan were fed with contemptuous material against the deposed chief justice, and the journalists were encouraged even by certain official circles to write on the issues that were blocked in the past.
It was evident from the vilification campaign launched against Justice Iftikhar by latent forces that there is a serious move afoot to besmear the name of the country’s top judge.
III.,Defenders turn detractors
March 11, 2007
ISLAMABAD: As is the culture, it is now time to spill the beans. Those in the government who until recently have been facilitating the son of the deposed chief justice of Pakistan in his pursuit of a police career are now ready to speak against Justice Iftikhar Muhammad Chaudhry.
They were tight-lipped in the past, defending Dr Arsalan’s police training despite his not being a police officer. But today the situation has changed. Seeing the man falling, those who were silent in the past have started speaking out. Interior minister Aftab Sherpao, whose ministry had issued repeated orders to treat Dr Arsalan extraordinarily, right from his posting from Balochistan to the FIA, and then allowing him to get police training along with the probationers of the Police Service of Pakistan, said that the junior VVIP got special treatment because of his father.
“How would have we known Arsalan had he not been the son of the (deposed) CJ?” said Sherpao when asked by The News here Saturday if Justice Iftikhar had ever used his influence to get extraordinary treatment for his son. Without commenting on the question if the interior ministry is not required to be charge-sheeted for doing the undoable for the CJ’s son, he said that his ministry did not violate any law as Arsalan was never inducted into the Police Service of Pakistan.
Sherpao said that Justice Iftikhar was in full knowledge of what the government was doing for his son. To a question, the minister said that both the father and the son asked the government for the favour. “We had made it clear that Dr Arsalan could not be inducted into the police service,” the minister said, perhaps without recalling that the prime minister’s secretariat had entertained Arsalan’s request for his induction into the police service. However, it was not done as the PM secretariat’s move was reported by The News on August 10, 2006.
Secretary interior Maj (retd) Syed Kamal Shah when approached was cautious about speaking on the matter. He said that the matter is subjudice so he should not speak until the case has been heard by the Supreme Judicial Council. Shah said that the Dr Arsalan case is one of the charges against Justice Iftikhar so it has become subjudice. When asked why the interior ministry should not be charge-sheeted for doing the undoable for Arsalan, he said that in every case (charge) there is a provider. When again probed on the dubious role of the interior ministry in Arsalan’s case and if Justice Iftikhar had exerted any pressure on the government in this respect, he said, “Things don’t happen without any reason. Obviously it has a background.”
The secretary interior was also reminded of this correspondent’s discussion with him on the same subject more than a year back when Dr Arsalan had just joined the National Police Academy. Shah said that he would speak in detail on the issue once the case is disposed of by the Supreme Judicial Council. Interior Secretary Syed Kamal Shah when approached last year had said that Arsalan was appointed in the FIA on deputation after seeking the consent of the DG FIA. About the young man’s training in the National Police Academy (NPA), he had said, “I have always been pro-training even if it is offered to deputationists.”
Justifying Dr Iftikhar’s training with the ASPs, Shah had said that training for deputationists is far more important for efficiency. He had also admitted that deputationists are being trained in the NPA on the interior ministry’s order, disclosing that the officer himself had volunteered for the training. The FIA Director General Tariq Pervaiz when contacted last year by this correspondent, was of the view that it was the interior ministry’s initiative that led to the appointment of the Balochistan official as assistant director in the FIA. About the deputationist’s training in the NPA, he said that it was also done on the written orders of the interior ministry.
The then National Police Academy Commandant Asif Ali Shah, when contacted had confirmed to The News that the FIA official was being trained along with 21 police officers at the academy. He had disclosed that the 21 police officials included 16 ASPs belonging to the Police Service of Pakistan and five police officers from the Maldives. Shah was of the view that he did not know about Dr Arsalan’s background and whether or not he was a deputationist in the FIA.
It should be mentioned here that in the evening of the same day when this correspondent had talked to the secretary interior, the DG FIA and commandant police academy on Dr Arsalan’s issue more than a year back, the then press information officer (PIO) approached this correspondent with a request that I should not file the story. The PIO did not share how he came to know about the story that was not even written by its author, but nevertheless he insisted that it must not be filed. The request was turned down but the story got stuck in the then editor’s desk.
Meanwhile in the Geo Capital Talk show, Minister of State for Information Tariq Azeem said on Friday evening that the allegations levelled against Justice Iftikhar included his son’s case as well as the use of Mercedes and BMW cars by the deposed CJ. He proposed that if the federal and provincial authorities had violated the law of the land to favour Dr Arsalan they should also be taken to task. On the cars’ issue, Azeem said that under the law the CJ was authorized a 1600cc car. However, he did not elaborate on why the government provided the CJ the staff cars which were beyond the top judge’s entitlement.
IV.Analysis: Arsalan’s Heel
June 13, 2012
How a trained medical doctor of modest financial background, unemployed as recently as 2008, landed himself with a net worth of Rs900 million is a question which we cannot wish away.
Public confidence in the judiciary is under threat. Public confidence in the superior courts is the foundation of any society sought to be established on the basis of rule of law. Malik Riaz and Arsalan Iftikhar have both, albeit with different motives, shaken such foundation to its very core. The charges leveled against Arsalan Iftikhar, at least to the extent of enjoying extravagant hospitality of the Bahria Town magnate seem difficult to now deny. How a trained medical doctor of modest financial background, unemployed as recently as 2008, landed himself with a net worth of Rs900 million is a question which we cannot wish away. The devastating pain such knowledge must cause his family is unimaginable.
However, there is a much larger danger. Arsalan’s bleeding heel is being malevolently used to damage Pakistan’s judiciary. Malik Riaz, who travelled back to Pakistan against his doctor’s advice did not appear the least unfit in his boisterous press conference. In sharp contrast to the statement filed in court a few hours earlier where he hailed the integrity of the Supreme Court, Malik Riaz, launched a frontal attack on Chief Justice Iftikhar Chaudhry in his press conference. The allegations do not require repetition here – it will fill the spaces of many newspaper columns – but the purpose and the consequence requires understanding.
Not unlike General Musharraf’s predicament in 2007, Justice Chaudhry is perceived as a threat which is likely to cut short the political career of Prime Minister Gilani. Last month’s conviction of Premier Gilani for contempt will inevitably lead to his disqualification from not only the current office but also from the next general election. President Zardari’s grievance against Justice Chaudhry is no secret. Chaudhry Shujaat is unlikely to have forgotten the humiliation of seeing his nephew behind bars in the NICL scam nor Rehman Malik the embarrassment of being compelled to renounce his British citizenship. Grievances within the ruling coalition are legendary. However, these are mere conjecture and there is no evidence, thus far, of a larger conspiracy.
Malik Riaz has had his press conference but has no intention to hold his peace. He has promised to repeat this scandal show in the coming days. Spare a thought here for the chief justice and other judges of the Supreme Court who can hold no press conference but only speak through their judgments.
“Achilles in Greek mythology was a baby and it was foretold that he would die in battle. To prevent his death, his mother Thetis took Achilles to the River Styx which was supposed to offer powers of invincibility and dipped his body into the water. But as Thetis held Achilles by the heel, his heel was not washed over by the water of the magical river. Achilles grew up to be a man of war who survived many great battles. But one day, a poisonous arrow shot at him was lodged in his heel, killing him shortly after. Still, Achilles is remembered as one of the greatest fighters who ever lived.”
Malik Riaz’s press conference is a poisonous arrow aimed at the heart of the Supreme Court. Irrespective of the failings of Arsalan, we cannot let the Supreme Court bleed. This may not be the greatest Supreme Court which ever lived, but it certainly does not deserve to be maligned by the indiscretion of one lone individual.
Naeem Bokhari’s letter to the chief justice
March 10, 2007
Islamabad: The following is the open letter to Chief Justice of Pakistan Justice Iftikhar Mohammad Chaudhry from Supreme Court advocate Naeem Bokhari.
Mr. Justice Iftikhar Mohammad Chaudhry
Chief Justice
Supreme Court of Pakistan
Islamabad
Subject: Open letter to the Chief Justice of Pakistan
My Lord,
I write this letter as an Officer of the Supreme Court, as an Advocate enrolled in the apex court since 1984 and in the High Courts since 1972, as an Attorney who has paid more income tax from his earnings in the legal profession than many of my friends, colleagues and seniors elevated to the Bench and as a stake holder in the dispensation of justice, intimately and vitally interested in the functioning of the Supreme Court.
Many judges who adorn the Bench in the Supreme Court and the High Court know me over decades, as a person endowed by nature with a pleasant disposition and acceptance of human failings. Towards the courts, my approach has always been of consistent and continuous display of respect and humility. I bow out of conviction, not compulsion. I use the words “My Lords”, because I want to, not because I have to. As an Attorney, I look up to the court and want to see it on a high pedestal of dignity, compassion and justice, tempered with mercy.
I have seen my Supreme Court headed by Justice Hamood-ur-Rehman, Justice Yaqoob Ali Khan, Justice S. Anwar-ul-Haq, Justice Haleem Ahmed and how the court functioned under them in the seventies / eighties.
I witnessed the proceedings for the ouster of Justice Sajjad Ali Shah, became aware that the then Prime Minister of Pakistan had ‘worked’ on some judges of the Supreme Court and saw the physical assault on the court.
I was appalled at the manner in which Justice Irshad Hasan Khan led the Supreme Court and pained at the insinuations against Justice Sheikh Riaz, when he was the Chief Justice.
I was horrified by the establishment of a Bench of five judges constituted by Justice Nazim Hussain Siddiqui to determine whether reduction in the retirement age for judges was constitutional or not. This was clearly designed to block your appointment. I was against the idea of Mr. Amirul Mulk Mengal being made the Chief Justice before you. Within the limits of my influence (which I readily admit to be very limited), I was totally for you to become the Chief Justice. Justice Javed Buttar is aware of my position, as is the Attorney General for Pakistan. The accelerated issue of the notification appointing you the Chief Justice put Justice Siddiqui’s move to rest.
I believed that you were vigorous, capable of lifting up the Supreme Court, creating an espirit-de-corps among your brother judges, restoring the dignity and grandeur of the apex court, particularly considering the long tenure before you.
Alas this has not come about.
I am not perturbed by your insistence on protocol (despite my belief that the Chief Justice would rise in the eyes of everybody if he walked from his residence to the court and hooters, police escort, flags is just fluff not the substance of an office).
I am mildly amused at your desire to be presented a guard of honour in Peshawar. I am titillated by the appropriation of Mercedes Benz car or is it cars, the use of the Government of the Punjab’s plane to offer Fateha in Multan, to Sheikhupura for Fateha on a Government of the Punjab helicopter, to Hyderabad on a Government of the Sind’s plane for attending a High Court function, the huge amount spent in refurbishing the chamber and residence of the Chief Justice, the reservation for yourself of a wing in Supreme Court Judges guest house in Lahore, the permanent occupation by the Supreme Court of the official residence of the Chief Justice of Sind, who per force lives in the basement of his father’s house. As his class fellow in the Government College, Lahore, I can vouch that living in the basement will do him no harm.
I am not perturbed that Dr. Arsalaan (your son) secured 16/100 in the English paper for the Civil Services Examination, that there is some case against him in some court in Baluchistan, that from the Health Department in Baluchistan he has shifted to FIA, that he has obtained training in the Police Academy, that he reportedly drives a BMW 7-Series car, that there is a complaint against him with the National Accountability Bureau.
My grievances and protests are different.
I am perturbed that the Supreme Court should issue a clarificatory statement on his behalf. I am perturbed that Justice (Retd.) Wajihuddin Ahmed should be constrained to advise you on television that “people who live in glass houses should not throw stones at others”. I am perturbed that the Chief Justice should summon Mir Shakeel-ur-Rehman to his chambers on Dr. Arsalaan’s account.
I am appalled that you announce decisions in Court, while in the written judgment an opposite conclusion is recorded.
In the Petition for leave to appeal filed by Dr Sher Afghan Niazi, Federal Minister for Parliamentary Affairs (in which Respondent’s Counsel were Mr Khalid Anwar and Mr Qadir Saeed), you refused to grant leave in open Court and yet in the written order, leave was granted to Dr Sher Afghan Niazi.
On 15.2.2007, Mr Fakurddin G. Ebrahim complained that, in open Court you had accepted his appeal but dismissed the same in the judgement, subsequently recorded.
If Mr Khalid Anwar, a former Minister of Law and Parliamentary Affairs and Mr Fakrhuddin, Senior Counsel are treated in this manner, the fate of lesser known lawyers would certainly be far worse.
My grievances also concern the manner in which the last and highest court of appeal is dispensing justice, under your leadership.
My Lord, the dignity of lawyers is consistently being violated by you. We are treated harshly, rudely, brusquely and nastily. We are not heard. We are not allowed to present our case. There is little scope for advocacy. The words used in the Bar Room for Court No. 1 are “the slaughter house”. We are cowed down by aggression from the Bench, led by you. All we receive from you is arrogance, aggression and belligerence. You also throw away the file, while contemptuously announcing “This is dismissed”.
Yet this aggression is not for everyone. When Mr. Sharifuddin Pirzada appears, your Lordship’s demeanour and appearance is not just sugar and honey. You are obsequious to the point of meekness. So apart from violating our dignity, which the constitution commands to be inviolable, we suffer discrimination in your court.
I am not raising the issue of verbal onslaughts and threats to Police Officers and other Civil Servants, who have the misfortune to be summoned, degraded and reminded that “This is the Supreme Court”.
The way in which My Lord conducts proceedings is not conducive to the process of justice. In fact, it obstructs due process and constitutes contempt of the Supreme Court itself.
I am pained at the wide publicity to cases taken up by My Lord in the Supreme Court under the banner of Fundamental Rights. The proceedings before the Supreme Court can conveniently and easily be referred to the District and Sessions Judges. I am further pained by the media coverage of the Supreme Court on the recovery of a female. In the bar room, this is referred to as a “Media Circus”.
My Lord, this communication may anger you and you are in any case prone to get angry in a flash, but do reflect upon it. Perhaps you are not cognizant of what your brother judges feel and say about you.
My Lord, before a rebellion arises among your brother judges (as in the case of Mr Justice Sajjad Ali Shah), before the Bar stands up collectively and before the entire matter is placed before the Supreme Judicial Council, there may be time to change and make amends.
I hope you have the wisdom and courage to make these amends and restore serenity, calm, compassion, patience and justice tempered with mercy to my Supreme Court.
My Lord, we all live in the womb of time and are judged, both by the present and by history. The judgement about you, being rendered in the present, is adverse in the extreme.
Yours faithfully,
Naeem Bokhari
Advocate
Supreme Court of Pakistan
