ISLAMABAD, Aug 8: The Supreme Court on Wednesday clarified its position vis-à-vis the joint investigation team (JIT) looking into the Arsalan Iftikhar-Malik Riaz graft case, with its registrar saying the team was stopped from proceeding further “because two of its members were found to be partial”.

In a statement, Dr Faqir Hussain said a “false and deliberately misleading impression appeared to have been created in some segments of the media” regarding the stay of inquiry by the Supreme Court into the possible wrongdoing on the part of Malik Riaz, Arsalan Iftikhar and Salman Ali Khan, the son-in-law of Mr Riaz.

The registrar said the stay of inquiry was occasioned by the “circumstances which were attributable to… JIT member Faisal Bashir Memon, secretary of interior ministry, and non-availability of special bench until August 27”.

“The orders passed by the court on July 31 and August 2, are again highlighted for the benefit of the media so that the correct position can be portrayed by it,” said Dr Hussain’s statement.

“The Supreme Court on July 31 had stopped JIT from working for two days but the apex court maintained the status quo on August 2 till the time it decides the matters.

“The correct position is that 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 and showing undue favour to him.”

According to the statement, on July 31 CCTV footage was shown 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 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 statement said.

“On July 31, learned 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.”

Dr Hussain said that reports were also sought by the court from the secretary, Ministry of Interior, SP Faisal Bashir Memon and one other person, namely DSP Malik Tahir, and the case was ordered to be listed on August 2.

“Since the secretary, Ministry of Interior, did not submit his report and even Faisal Bashir Memon filed his report shortly before the hearing on July 31 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 August 2, and the inquiry was stayed.”

The Supreme Court registrar said that on August 2 the NAB prosecutor general stated inter alia, that “the formation of the JIT (had) become controversial to the extent of several allegations of bias/ impartiality being alleged against the NAB chairman and the members of the JIT”.

“The prosecutor general told the court that NAB had no particular interest in proceedings with the inquiry and the court may direct that the inquiry be transferred to any other agency and the NAB would have absolutely no issue with that.”

According to the court registrar, the NAB was 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 August 28, 2012 when the Special Bench hearing this matter will be next available.”