A commission — perhaps

The latest hearing into the Panama Papers matter has adjourned until Friday 9^th December and the bench has hinted that the case is best addressed by the formation of a commission. This came after the conclusion of arguments and the observation by the Chief Justice (CJ) that the parties have insufficient evidence to prove their case. The three questions asked by the bench on the previous day remained unanswered. The bench then suggested the lawyers consult their clients and come back to the court with their respective views on the formation of a commission. Whilst this is a not entirely unexpected development it is not going to be popular with either of the parties to the case and for dissimilar reasons.

For the PMLN government the constitution of a commission of investigation raises the spectre of the Prime Minister’s family members being called to give evidence, and that may include the PM himself if the commission remit extends to the PM which his team of lawyers has understandably argued that it should not on the grounds that his name appears nowhere in the Panama Papers leak. From the perspective of the other party, the Pakistan Tehreek-e-Insaaf led by Imran Khan has reservations about any commission because their preference is for everything to be resolved by the apex court. The PTI may also be a little nervous of taking the stand in respect of some of the statements unsupported by such inconveniences as factchecking made by Mr Khan over weeks and months.

It will be remembered it has been agreed in the event of the political opponents failing to agree on the Terms of Reference (ToRs) of any future commission then the judiciary will determine the ToRs itself. There is no indication that the parties will agree — and where and when any potential commission will sit and with the power to call whomsoever it wishes remains a question that hangs in the air. Whatever the outcome, whether a commission is formed or the matter decided by the apex court, matters remain far from resolved and The Panama Capers are set to run and run.

Published in The Express Tribune, December 8^th, 2016.

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