Legal battle over Panama leaks begins today

Larger bench of apex court to take up slew of constitutional petitions

ISLAMABAD: A legal battle is likely to begin today (Tuesday), primarily between the ruling Pakistan Muslim League-Nawaz and its rival Pakistan Tehreek-e-Insaf as the Supreme Court will take up a slew of constitutional petitions seeking disqualification of Prime Minister Nawaz Sharif in the wake of the Panama Papers revelations.

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.



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 — will take up five constitutional petitions.

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 was 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.

“All eyes will be on Attorney General for Pakistan (AGP) Ashtar Ausaf Ali as everyone wants to know what stance he takes stance on this matter today,” said Pakistan Bar Council executive member Raheel Kamran Sheikh. He urged the AGP to play a leading role in prevailing situation.

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.

The common people who want to witness the proceedings of the case, may contact SP (Security) Supreme Court Building for security passes. Entry into the building will be allowed after checking. No cell phones will be allowed in the courtroom. The SC administration has directed concerned authorities to strictly follow the instructions and cooperate with the security staff on duty in the court premises. Security personnel have also been directed to deal with the visitors with utmost courtesy.

Published in The Express Tribune, November 1^st, 2016.