ISLAMABAD: After the inclination from petitioners and respondents, the Supreme Court has considered the formation of a commission in the Panama leaks case as it comes to the conclusion that it will quickly dispose the related petitions.
For the consideration, the apex court has directed Prime Minister Nawaz Shareef, Pakistan Tehreek-e-Insaf (PTI) and Jamat-e-Islami (JI) to submit their formulations regarding Terms of References (ToRs) for the commission to probe into Panama leaks.
The court also directed the respondents of the petitions that also include the prime minister’s daughter Maryam Safdar, his son-in-law Captain (r) Muhammad Safdar, his sons Hassan and Hussain Nawaz, Finance Minister Ishaq Dar, PTI Chief Imran Khan and other offices concerned to submit their concise statement, if any.
A five-judge larger bench headed by Chief Justice Anwar Zaheer Jamali on Tuesday resumed the hearing of four identical petitions during which the consideration of formation of commission was derived.
Interestingly, the PTI has not requested the top court to grant interim relief – wherein the party had requested to restrain the prime minister, Member of National Assembly Captain (r) Muhammad Safdar and Finance Minister Ishaq Dar and other respondents from their functions till the final disposal of case.
When the hearing started, former attorney general for Pakistan Salman Aslam Butt, counsel for prime minister, Maryam Safdar and Ishaq Dar, appeared before the bench and requested it to grant time for groundwork as his clients hired him a day ago.
Responding to which chief justice expressed displeasure and observed that this case was adjourned and message was conveyed as if court is adjourning the hearing adding that nation is eyeing on this case and you should have submitted replies.
Hamid Khan – PTI’s counsel – told the bench that the Sharif family specifically Maryam Safdar owns properties in London through two offshore companies but the prime minister claims that the properties were purchased after selling a factory in Jeddah.
After the break during the hearing, Salman Butt told the bench that Nawaz has shown the consent for formation of the commission.
“The respondent number 1 (Nawaz Sharif) accepts formation of commission to inquire into allegations of illegal properties and alleged returns. If the allegations proved personally, then the respondent shall accept the legal consequences,” Salman Butt read out the message of prime minister before the bench.
Hamid Khan argued that the prime minister is trying to confine the matter only to the extent of properties and tax returns but other allegations should also be probed into.
Justice Sheikh Azmat Saeed observed that jurisdiction of the commission would not be restricted to the consent of parties adding it is a serious issue and there is a complete national unrest over it.
Justice Asif Saeed Khosa observed that the court will solve the matter as soon as possible as now the highest forum has taken the matter to self. He further observed that the whole country is agitated – every citizen is disturbed.
Advocate Manzur Butt – JI’s counsel – suggested the court that the head of the commission must be in-service judge of the Supreme Court.
The chief justice observed that the court shall itself make ToRs if the parties do not meet with the consensus. He further observed that the commission will be headed by incumbent judge of the apex court having all authorities which a judge of the top court reserves.
Earlier, Prosecutor General (PG) National Accountability Bureau (NAB) submitted a reply stating that complaints of PTI and JI on the issue of Panama leaks were examined and it was observed that different aspects and legal implications are involved in these complaints.
“The main reliance in these complaints is placed on leaked information purportedly of M/s Mossack Fonseca, a private law firm consisting 11.5 million documents known as Panama Papers, however, there is no sanctity attached with these documents about their genuineness, authenticity and ownership, hence cannot be relied upon,” the reply further stated.
He said that the allegations about evasion of taxes, illegal remittances, suspected siphoning the capital through various companies registered in Pakistan into offshore companies can be looked into by concerned stakeholders including Federal Board of Revenue (FBR) and the State Bank of Pakistan among others.
Justice Shiekh Azmat Saeed observed that all the complains must come with evidences, if not then ‘what are you doing?’ He further observed that dilatory tactics are being applied.
“We have got the message loud and clear that authorities of this country want to do nothing,” observed Justice Asif Saeed Khosa, another member of the bench.
“We will examine the reply and we will see what action can be taken against NAB,” observed the chief justice. Justice Amir Hani Muslim observed that if money from the country is going abroad then NAB can intervene.
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