Next week crucial for Panamagate case

Official says Justice Jamali may give last ruling of his career in this case

ISLAMABAD: The Supreme Court is likely to adopt a decisive course of action in the Panamagate case next week in view of the imminent retirement of Chief Justice Anwar Zaheer Jamali on Dec 31.

Justice Jamali heads the five-judge larger bench which is hearing a slew of petitions in connection with the Panama Papers which revealed in April that Prime Minister Nawaz Sharif’s three children had stashed money in offshore companies.



While Justice Jamali will remain in office till the last day of the month, a full-court reference and farewell dinner will be hosted in his honour on December 15 due to winter recess in the apex court.  The recess will end on January 2.

If Justice Jamali retires before giving any decision in the case, then a new bench will be constituted by his successor Justice Mian Saqib Nisar. However, Justice Jamali, while hearing the case on October 31, had observed that ‘time is short’ and that “we have a lot of work to do”.

Legal experts believe the next week will be crucial in the Panamagate case. A Supreme Court official said that before his retirement Justice Jamali might give the last ruling of his career in this case.

The hearing of case will resume on December 6, and Pakistan Tehreek-e-Insaf’s lead counsel Naeem Bukhari will continue his arguments against the alleged corruption of the ruling Sharif family. On the last date of hearing, Bukhari had ensured the bench that he would conclude his arguments in 35 minutes.

Later, Akram Sheikh and Salman Aslam Butt – counsels for the Sharif family – will present their case.

Independent experts believe the top court cannot give a final ruling without holding a detailed inquiry into the matter. They believe the judges are not in the mood to disqualify Premier Sharif on the basis of available evidence.

Of all the petitioners, three are in favour of a judicial commission, but the PTI and the ruling PML-N are not interested in the formation of the commission.

Talking to The Express Tribune, the Sharif family’s counsel Akram Sheikh said it was his personal opinion that the top court should decide the case itself as the petitioners have failed to present substantial evidence against his clients to establish their case.

Sheikh, who has a long legal career spanning 44 years, claimed that he would quash all the allegations against his clients and would conclude his arguments, most likely, in one day.

Sources close to Sheikh said he had taken up the case after he was satisfied with the evidence, which have been provided by Sharif’s children to establish the money trail.

Another member of the Sharif family’s legal team said it was a ridiculous claim of the PTI that Sharif family owned luxury London flats prior to 2006, adding that they were well-prepared to respond to the Al Towfeek case judgment, wherein these properties were attached by a UK court.

“We will submit further documentary evidence next week,” he said, adding that if any court of law summoned Tariq Shafi and the Qatari prince for cross-examining, then they would appear for this purpose.

On the other hand, PTI’s spokesperson Fawad Chaudhry said they were not interested in the formation of an inquiry commission in this matter. Another PTI lawyer said they had three documents to establish that the Sharif family owned the London flats prior to 2006. “The main evidence is London High Court’s judgment in the Al Towfeek case,” he said.

JI again requests SC to form commission

Jamaat-e-Islami Amir Sirajul Haq, who is one of the petitioners in the case, moved a fresh plea on Saturday, requesting the court to declare the Panama Papers a basic document for an Enquiry and Trial Commission. The JI has not made Premier Sharif and his family respondents in its main petition.

The application said all persons named in the Panama Papers along with their families, children, companies and business entities should be made respondents, having the right to submit their reply in their own defence and in rebuttal to allegations mentioned in the Panama Papers.



“The Federal Board of Revenue and the Election Commission of Pakistan shall submit copies of tax return including details of properties, assets, etc., in and out of country, along with copies of documents and papers before Enquiry and Trial Commission within specified period,” it said.

The application said the Enquiry and Trial Commission shall issue orders and make such arrangements to get information, documents, papers from other relevant countries/states as per International Laws, pacts, conventions, treaties including United Nations Convention Against Corruption specially provisions of Mutual Legal Assistance Request (MLAR) and Stolen Assets Recovery (STAR) initiative.

“[The] commission shall order for Forensic Audit of all such Record, Papers Documents, Statements, Tax Returns and other available evidences and papers by the Forensic Audit Firm having good reputation and international standards,” it said, adding that the panel shall have powers of a court.

Published in The Express Tribune, December 4^th, 2016.