SC asks PTI, govt for ToRs to form Panamagate commission

Top court adjourns Panamagate hearing till Nov 3

ISLAMABAD: The Supreme Court on Tuesday asked Pakistan Muslim League-Nawaz and Pakistan Tehreek-e-Insaf to submit their Terms of Reference (ToRs) for the formation of a commission to probe the Panama Papers leaks.

The court adjourned hearing of five constitutional petitions seeking disqualification of Prime Minister Nawaz Sharif in the wake of the Panama Papers revelations. The hearing has been adjourned till 11:30am on November 3.



"The commission will report to the Supreme Court," the chief justice said, adding that the commission will have the same authority as the top court.

"SC has decided to resolve the issue of Panama leaks," Chief Justice of Pakistan Anwar Zaheer Jamali said while asking both parties to 'show restraint'. The bench has expressed its desire that all the parties, including PTI, should reconsider their position.

A five-judge larger bench of the top court — headed by Chief Justice Anwar Zaheer Jamali and comprising Justice Asif Saeed Khan Khosa, Justice Amir Hani Muslim, Justice Sheikh Azmat Saeed and Justice Ijazul Ahsan — had earlier asked the government to respond to its offer to form a commission by 1pm today.

Following the courts decision, Defence Minister Khawaja Asif said, "PML-N surrenders before the bench." He urged all parties to accept the court’s decision and respect it.

Earlier, speaking to The Express Tribune, a senior official said the government has no objection to the formation of a commission. Further, addressing the media outside the SC, the defence minister said the Supreme Court should form a commission on Panama Leaks case. Addressing the media outside the SC, the defence minister said, "We will submit our stance within two hours."

Addressing the media outside the Supreme Court PTI leader Shah Mehmood Qureshi said, "The party will accept SC's Panamagate commission if formed according to joint opposition's TORs." He further said that Chief Minister Punjab Shahbaz Sharif has formed walls of containers between two provinces.

During the hearing, the chief justice said that the Panama Leaks issue is related to fundamental rights and is of public importance. Further, Justice Khosa observed that the entire nation is suffering due to this matter. "None of the federal investigation agencies are willing to probe into the matter," he noted.

As the bench expressed displeasure over the premier and his family's lawyers not submitting a written reply over the petitions in this matter, CJP Jamali remarked that the decision of the commission will be considered as the court's ruling and will be binding upon all parties.



The legal battle primarily between the ruling Pakistan Muslim League-Nawaz and its rival Pakistan Tehreek-e-Insaf began today as the Supreme Court took up a slew of constitutional petitions.

PTI chief Imran Khan is not attending the hearing and has sent party leader Shah Mehmood Qureshi to represent him.

The Panama Papers, a huge collection of leaked documents, revealed in April that three scions of Premier Sharif were among dozens of powerful people who owned offshore companies in tax havens.

Justice Khosa, known as an expert in cases of criminal nature, has been included in the larger bench for the first time. Legal experts believe his presence will be important. Justice Hani is also part of a three-member inquiry commission that had probed alleged rigging in the last general elections.

Former attorney general for Pakistan Salman Aslam Butt on Monday submitted a wakalatnama in the apex court on behalf of Premier Sharif  and his family members. Additional Attorney General Waqar Rana will represent the Federal Board of Revenue (FBR).

On the other hand, a senior PTI leader told The Express Tribune that his party, on behalf of Imran Khan, will also move today before the larger bench a Civil Miscellaneous Application (CMA) wherein he would raise issue regarding his alleged illegal house arrest by the federal government.



The application will be moved by Naeem Bukhari advocate. PTI chief Imran Khan is not likely to attend the court’s proceedings. After securing victory in Supreme Court Bar Association’s (SCBA) election, Hamid Khan, who is head of the Progressive Group, will lead the PTI’s legal team in the case.

Legal experts believe that today’s hearing will be very significant, and suggest the PML-N’s legal team that instead of getting into technicalities, they should take this hearing as an opportunity and contest the case on merit.

A senior official said the federal government is seriously considering giving proposal for the probe into Panama Papers revelations. However, it is not clear how the investigation will be conducted.

Meanwhile, the Supreme Court has decided to take special security measures today. For proper court decorum and smooth functioning of the court, the entry will be regulated through special security passes. Only the petitioners and respondents, whose cases are fixed in court, will be allowed to enter the premises. However, advocates and journalists, who regularly come for the Supreme Court proceedings, will be exempted from passes.