NAB reference in Panama case: Bench to examine material before deciding on disqualification
The three-member special Supreme Court bench hearing the Panama Papers case observed on Tuesday that it would examine all the material and then decide on disqualifying the premier or sending the matter to an accountability court.
The bench resumed hearing the case on Tuesday after the petitioners presented their arguments in favour of the Joint Investigation Team’s (JIT) final report a day earlier.
Addressing the special implementation bench, headed by Justice Ejaz Afzal Khan, Khawaja Harris, the Sharif family’s lawyer, read out the original 13 questions posed by the Supreme Court to the JIT.
He said the court, in its April 20 judgment, had not ordered for reopening of any case against Nawaz Sharif.
Harris claimed the JIT also included probe of ‘assets beyond means’ in its investigation and went on to answer 15 questions instead of the original 13.
Justice Ijazul Ahsan observed that a number of issues are related to the court’s 13 questions. The justice remarked that the money trail of the London properties is a complicated saga.
The main issue is to probe the London money trail, he observed further.
The court will decide if the JIT’s recommendations have to be implemented, he remarked.
In similar comments, Justice Ejaz said the JIT just gave its recommendations whereas any order on the issue will be passed by the court.
“Don’t want to comment on any aspect of the JIT report at this time,” he remarked further.
He said the trial court will decide if including the Hudaibiya Papers Mills case in the JIT report was right or wrong.
Addressing the respondent, Justice Ijaz observed that you could have said anything in your defence but you did not. “Facts were hidden and answers not provided to the JIT,” he remarked. Someone would say they do not remember while others said their accountant may know, he added.
Justice Ijaz also observed that the premier and his sons’ approach was to not say anything to the JIT.
The prime minister and everyone else was given a chance to defend themselves, it is wrong to say otherwise, he remarked further.
Justice Azmat said the bench has heard and understood your arguments.
Harris said it was not the JIT’s mandate to give a verdict. Justice Azmat replied that if the JIT made recommendations after its investigation then what is so wrong with it. “The order of the court will be more important than the JIT’s recommendations,” he observed further.
Addressing Harris, Justice Azmat observed that the respondent has not disputed any document presented in the JIT report.
The premier’s counsel stated in court that the prime minister does not own any offshore company nor received a salary from any such company.
Are you saying this charge is false, asked Justice Azmat. Harris responded in the affirmative. “FZE Capital is owned by Hasan Nawaz,” claimed Harris.
The bench asked Harris if the prime minister is Hasan’s father and chairman of FZE Capital.
Did he not get an aqama? Justice Ijaz asked further.
Harris didn’t clarify if Nawaz is associated in any other way with the company or received a aqama (work permit) from the UAE government.
Harris claimed the JIT probe is not transparent. The prime minister was not asked to verify the documents and thus the court cannot issue an order based on the JIT report, he argued.
Justice Ijaz observed that on one hand it is said they [Sharif family] talk about everything at home yet no one knew who owns the London properties. “The premier kept visiting the flats but doesn’t know who owns them,” he remarked further.
Harris claimed several questions not posed to the prime minister were included in JIT report. “It should be probed why I wasn’t given chance to confront documents against the prime minister,” he said.
Justice Azmat replied that he may submit a separate application to the Supreme Court in this regard.
With regards to volume 10 of the JIT report, which was kept confidential at the request of the JIT, Justice Azmat remarked that the court can make the volume public if the counsel requests it.
Justice Ejaz observed that the JIT inquiry is not ongoing anymore while Justice Ijaz remarked that volume 10 does not contain evidence.
Before the start of the hearing, lawyer Salman Akram Raja, representing Nawaz Sharif’s children, said he will present his arguments in court tomorrow.
The court then went into a short recess.
Returning after the break, the prime minister’s counsel resumed his arguments.
Justice Ejaz observed that documents were provided to the JIT through Mutual Legal Assistance (MLA). Should we disregard them just on the basis that the government did not provide them the relevant record, he asked.
Harris informed the court that documents not verified by the relevant Pakistani embassy cannot be considered authentic. He reiterated that the foreign government has to be involved in any MLA request.
Justice Ijaz remarked that it was said [from the respondent] that a money trail is available but one was not made available.
“The JIT was formed so the prime minister and others could independently provide evidence and their points of view,” he observed further.
Justice Ejaz remarked that there are only two ways to proceed now: either the bench or an accountability court takes matters further.
Justice Ijaz responded that if the documents being provided are original they do not require verification by the embassy.
Justice Ijaz remarked that the prime minister, Maryam and Hasan said they would present evidence in their defence but failed to do so. “The JIT was formed to give the Sharif family a chance. It was not formed to bring additional matters to the fore but now that that has happened is a different thing,” he observed.
The ownership if the London properties will have to be proved with records, observed Justice Ejaz. He remarked that it was the premier’s job to provide record of how funds were generated to purchase the London flats. “We will peruse the complete material and then decide if a disqualification is warranted or not,” he remarked further.
Justice Azmat observed that the Sharif family was given a chance in court to give records before the formation of the JIT. “Not a single document was brought forward showing that Hussain Nawaz owns the London flats,” he observed, adding that there are cases available where owner of assets has to provide the money trail.
The bench also observed that the April 20 order of the five-judge bench was interim.
The hearing was later adjourned till tomorrow.
———————————————————————————————-
Watch your favorite programs, documentaries, informative packages and latest NEWS(English and Urdu).
Watch Humsub tv Live Streaming here: Humsub.tv
Read English Latest Articles and News here: Humsub
Read Urdu Latest News and Articles here: Urdu News
———————————————————————————————-