ISLAMABAD - A false and deliberately misleading impression appears to have been created in some segments of the media relating to the stay of inquiry by the Supreme Court in the case involving possible wrong-doing on the part of Malik Riaz Hussain, Dr Arsalan and Salman Ali Khan son-in-law of Malik Riaz Hussain, stated a Supreme Court Press release.The Press release further said that the correct position is that the allegations were levelled on behalf of Dr Arsalan through CRP 167/2012 inter alia, against the Attorney General, NAB and a Joint Investigation Team, for being partial towards Malik Riaz Hussain and showing undue favour to him.On 31.07.2012 CCTV footage was displayed in Court and vide order of the same date, it was noted that one member of the JIT namely, Faisal Bashir Memon was seen sticking close to Malik Riaz Hussain extending undue protocol to Malik Riaz and then escorting him and “acting almost as a personal security employee of Malik Riaz”. It is for this reason that Faisal Bashir Memon was required to explain his position and the inquiry was stopped to make sure that it is not tainted with bias.The same day counsel for Malik Riaz sought an adjournment for a longer duration but this request was declined because the court was of the view that the truth of the case should be done promptly in a fair, honest, impartial and transparent manner. Reports were also sought by the court from the Secretary, Ministry of Interior, Faisal Bashir Memon SP and one other person namely, Malik Tahir DSP and the case was ordered to be listed on 02.08.2012. Since the Secretary, Ministry of Interior did not submit his report and even Faisal Bashir Memon filed his report shortly before the hearing on 31.07.2012, it was observed by the court that this did not enable the court to go through the said report and it also did not allow counsel for the parties to see the same. It is for this reason that the matter was adjourned to 02.08.2012 and the inquiry was stayed.On 02.08.2012, the Prosecutor General, NAB stated inter alia: “the formation of the JIT [had] become controversial to the extent of several allegations of bias/impartiality being alleged against the Chairman, NAB and the members of the JIT”, (a) on account of Attorney General’s letter to Chairman, NAB dated 18.06.2012, (b) the inclusion of two officers from outside NAB in the JIT and (c) in particular the film showing the SP Faisal Bashir Memon who is the member of the JIT meeting Malik Riaz Hussain in the Supreme Court.” The Prosecutor General then stated: “NAB has no particular interest in proceedings with [the] inquiry “and “if [the] Court directs that the inquiry be transferred to any other agency NAB has absolutely no issue with that. NAB is of the view that for an inquiry to take place it must not only be credible, transparent and fair but it must also be perceived as being so”. The case has been adjourned to 28.08.2012 when the Special Bench hearing this matter will be next available.It is evident from the above that the stay of inquiry was occasioned by the circumstances noted above which are attributable inter alia, to NAB, JIT member Faisal Bashir Memon, Secretary Ministry of Interior and non-availability of Special Bench until 27.08.2012.






