Supreme Court averts political showdown

Decides to form judicial panel on Panamagate; asks PML-N, PTI to submit their ToRs

ISLAMABAD: The top court on Tuesday averted an impending political showdown between the  ruling Pakistan Muslim League-Nawaz and Pakistan Tehreek-e-Insaf by ordering a judicial probe into the Panamagate scandal.

The Panama Papers on April 3 revealed that Prime Minister Nawaz Sharif’s three children were among dozens of powerful people who own offshore companies in international tax havens. The revelations had whipped up a storm with political parties, including the PTI, calling for the Sharif family’s accountability.



Hearing five different petitions, a five-judge larger bench of the Supreme Court — headed by Chief Justice Anwar Zaheer Jamali and comprising Justice Asif Saeed Khosa, Justice Amir Hani Muslim, Justice Sheikh Azmat Saeed and Justice Ijazul Ahsan — showed its determination to settle the Panama leaks issue.

Later, the bench asked the PML-N and PTI to submit their terms of reference (ToRs) for the formation of a commission of serving judges to probe the scandal within a limited timeframe.

“During hearing of these petitions, proposals as regard to the appointment of a commission have also come under consideration before the court, to which prima facie, all the stakeholders have shown their inclination,” the bench noted, adding that the final decision regarding the formation of commission will be taken tomorrow (November 3) at 11:30 am.

“Hearing...is adjourned till November 3 so as to enable all the respondents (PM and his family members) to submit their reply/concise statement, if any, and further to submit their formulations as regards ToRs for consideration in case the court comes to the conclusion that appointment of the commission will be expedient for the just and quick disposal of these petitions,” the order said.

However, the bench made it clear that in case of continued discrepancy between the ToRs of the government and the PTI, the court would formulate its own ToRs. The commission’s findings will be binding on all parties, it observed.

After emergence of the Panamagate scandal, the government had requested the chief justice to form an inquiry commission to probe the Panama Papers leaks. But the CJP on May 13 refused to constitute a ‘toothless inquiry commission’ under its existing ToRs presented by the government.

Later, opposition parties and government held several meetings to finalise the ToRs but no consensus could be evolved. Meanwhile, the top court also did not adjudicate the matter despite pendency of a number of petitions, seeking the prime minister’s disqualification in view of the revelations.



However, the SC admitted the petitions last month and decided to take up the matter just a day before the PTI’s planned lockdown of the federal capital, aimed at forcing the PM to present himself for accountability.

Legal experts believe that it was an unusual but timely move by the apex court to resolve a seven-month crisis, when on Tuesday it offered a commission of serving judge to investigate the Panama matter.

Though the incumbent SC has adopted the policy of judicial restraint since former CJP Iftikhar Chaudhry’s retirement, Tuesday’s hearing gave a surprise to the audience in the courtroom.

All the petitioners, including the PTI and Jamaat-e-Islami, have showed their willingness regarding the appointment of the commission.

The PM’s statement

During the hearing, Salman Aslam Butt submitted a statement on behalf of the PM, saying that he accepted formation of a commission to inquire into all the allegations made in the petitions relating to the alleged illegal acquisition of the properties (16, 16A, 17 and 17A Avenfield House Park Lane, London) and the alleged mis-declaration in the returns filed before the Election Commission of Pakistan (ECP).

The PM in his statement further stated that if the allegation pressed stand proved against him personally by a final determination of this court then he shall accept the ensuing legal consequences.

“I wish to request to this court that there are similar allegations against the petitioner (Imran Khan), his sister and [PTI leader] Jahangir Tareen and those may also be entrusted to the same commission with the same consequences,” the PM’s statement said.

However, the chief justice asked the counsel for PM that if he wanted the inclusion of these names then he might move an application in this regard.

SC seeks proposed ToRs

Earlier, the bench expressed anger over the PM’s legal team for not submitting a reply over the five petitions. The chief justice (CJ) remarked that this was a high-profile case as all eyes were on the court and reply should have been submitted.

None of the respondents except the National Accountability Bureau (NAB) submitted a reply in this matter. Justice Khosa, whose inclusion in the bench remained fruitful, lamented that no investigating body or authority wanted to resolve this issue.

The CJP said the Panama leaks issue is related to fundamental rights and is of public importance, adding that the court has stretched its jurisdiction. Justice Khosa observed that the entire nation is suffering due to this matter.

“None of the federal investigation agencies is willing to probe into the matter,” he noted. He, however, observed that being the apex judicial body, they were determined to resolve the issue and are not allowing latitude to anybody.

However, he asked the PTI’s counsel Hamid Khan to properly assist and give proper evidences regarding the illegal transaction of money in foreign accounts.



The bench has also expressed serious concern over NAB for probing Panama leaks issue. NAB in its reply stated that it could not intervene in Panamagate scandal due to several reasons.

The NAB evasion of tax illegal remittances from Pakistan and suspected siphoning of capital through various companies registered in Pakistan could only be looked into by concerned stakeholders, including Federal Board of Revenue (FBR).

‘Hold your horses’

The bench expressed its desire that all the political parties including the PTI should reconsider their position, adding that all concerned should hold their horses. “Politics will continue and let people have some peace now,” he said.

Meanwhile, the PTI counsel Chaudhry Faisal Hussain said it will not be easy for the PTI and the PML-N to accept each other’s proposed ToRs. “It is expected that ToRs will be finalised by the apex court,” he said. Another PTI leader says that the legal team is considering submitting the ToRs, which had been finalized by joint opposition parties.

Published in The Express Tribune, November 2^nd, 2016.