
PML-N leaders celebrate SC verdict. PHOTO: TWITTER








ISLAMABAD: In a judgment that could possibly change the political landscape of Pakistan, the top court has declared that Prime Minister Nawaz Sharif and his family failed to justify how they accumulated their offshore assets. The five-judge apex court bench, however, could not reach a consensus on the disqualification of the premier and hence ordered the formation of a joint investigation team (JIT) to settle the saga that started with the Mossack Fonseka leaks just over a year ago.
After the passage of almost two months, the bench, headed by Justice Asif Saeed Khosa, ended the suspense on Thursday with a split decision and a 547-page judgment.
Each judge wrote individual notes in the judgment. While all five were unanimous in their findings that Premier Sharif can be directly disqualified by the apex court, they are divided over the procedural course of action that should be taken in this particular case.
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Also of interest is the fact that Justice Asif Khosa and Justice Gulzar Ahmad – the next two judges in line to become chief justice of Pakistan – were both in favour of disqualifying the prime minister for failing to meet the constitutional requirement for honesty with the top court and the nation, but the majority, namely Justice Ejaz Afzal Khan, Justice Azmat Saeed Sheikh and Justice Ijazul Ahsen, were in favour of a Joint Investigation Team (JIT) to probe the Panamagate case further. The team would submit a report within 60 days of its formation.
Justice Ejaz Afzal Khan, who authored the judgment, observed that sufficient material has surfaced on the record to show that the premier, his dependents, and Benamidars acquired assets in the early nineties and thereafter which, being disproportionate to his known means of income, call for a thorough investigation.
Legal experts, however, wondered why the majority judgment was silent over the reinvestigation of Hudabya Paper Mills scam against the Sharif family. Likewise, the court did not give any observation over the conduct of the NAB chairman in that case. Surprisingly, the court also did not ask the premier’s daughter Maryam Nawaz to join the investigation before the JIT.
“By a majority of 3 to 2…we hold that the questions how did Gulf Steel Mill come into being; what led to its sale; what happened to its liabilities; where did its sale proceeds end up; and how did they reach Jeddah, Qatar and the UK,” the judges wrote.
They then move on to asking “whether Hussain and Hassan Nawaz, in view of their tender ages, had the means in the early nineties to purchase the flats, whether the sudden appearance of the letters of Hamad Bin Jassim Bin Jaber Al-Thani is a myth or a reality; how bearer shares were converted into flats, who, in fact, is the real and beneficial owner of Nielsen Enterprises and Nescoll, how Hill Metal Establishment come into existence; where did the money for Flagship Investment Limited and other companies set up by respondent Hassan Nawaz come from, where did the working capital for these companies come from, and where do the huge sums running into millions gifted by Hussain to the PM come in from.”
The judgment finds that these issues are enough to merit a thorough investigation.
JIT
The majority judges observed that in normal circumstances, such an exercise could be conducted by NAB, but when its chairman appears to be indifferent and even unwilling to perform his part, they are constrained and must look elsewhere. Therefore, a Joint Investigation Team (JIT) would be constituted with a Federal Investigation Agency (FIA) officer of the rank of additional director general or above to head the team. The official would be required to have firsthand experience of investigating white-collar crimes and related matters. He or she would be joined by a representative of NAB, a nominee of the Security and Exchange Commission of Pakistan (SECP) familiar with money laundering and white-collar crimes, a nominee of the State Bank of Pakistan (SBP), a seasoned Inter-Services Intelligence (ISI) officer nominated by its director general, and a seasoned Military Intelligence (MI) officer nominated by its director general.
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The majority judges’ order asked the heads of these departments to send in their respective nominee’s names within seven days so that they can be placed before the bench for nomination and approval.
“The JIT shall investigate the case and collect evidence, if any; showing that the PM or any of his dependents or Benamidars owns, possesses, or has acquired assets or any interest therein disproportionate to his known means of income,” says order.
The court has asked the PM and his both sons to appear and associate themselves with the JIT as and when required. The JIT may also examine the evidence and material, if any, already available with the FIA and NAB relating to or having any nexus with the possession or acquisition of the London flats or any other assets or pecuniary resources and their origin.
The JIT shall submit biweekly reports before a special bench – a request for its formation is part of the judgement. It has also been given a sixty-day deadline to file its final report.
Later, the bench may pass appropriate orders in exercise of its powers under articles 184, 187, and 190 of the Constitution including an order for filing a reference against the PM and any other persons associated with any crime if justified on the basis of the material brought on record before it.
The majority judges also held that upon receipt of the reports, periodic or final of the JIT, as the case may be, the matter of disqualification of the PM shall be considered, adding that if found necessary for passing an appropriate order in this regard, the premier or any other person may be summoned and examined.
Legal experts said that in view of this observation, the court has declared that they can disqualify the PM at an appropriate time.
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SC’s eight questions
How did Gulf Steel Mill come into being, what led to its sale, what happened to its liabilities, where did its sale proceeds end up, how did they reach Jeddah, Qatar and the UK
Did Hussain and Hassan Nawaz, in view of their tender ages, have the means in the early nineties to possess and purchase the flats
Whether sudden appearance of the letters of Hamad Bin Jassim Bin Jaber Al-Thani is a myth or a reality;
How bearer shares crystallised into the flats,
Who is the real and beneficial owner of Nielsen Enterprises and Nescoll,
How did Hill Metal Establishment come into existence,
Where did the money for Flagship Investment Limited and other companies set up by Hassan Nawaz come from,
Where did the working capital for such companies come from and where do the huge sums running into millions gifted by Hussain to Nawaz drop in from
Fingers crossed….Recommend
April 20 in history is not a good omen for the Sharif. The infamous Adolf Htler came to th world along with other unfortunate events on this date.
Rex MinorRecommend
C’mon disqualify him for life!
You do that to ordinary MPA’s/MNA’s for presenting fake degrees or hiding small properties, then why not Mr. Prime Minister?Recommend
We now have Legal rights for corruption in PakistanRecommend
Panama SC decision already come ! Now JIT to form ! and its out come will never come ! As many JIT made earlier. And its outcomes not came yet. Totally prolonged the long awaited.Court favored PMLN. PM NAWAZ. JUSTICE DELAYED. Recommend
Justice in Pakistan…a fools hope…Recommend
NS saved again. As expected. Money talks!Recommend
At last cat came out of sack, if SC have to give this decision, why it’s waiting for and creating such a hype and mysterious situation.Recommend
Free clean chit to PM!
Realy Justice delayed ! Sad day in Pakistan History! Corrupts won !Recommend
I have lost all hope in Pakistan. Recommend
I am sorry Pakistan :(Recommend
The judges must have used evidence, logic & reason to select the path of LEAST EVIL. U
nder the other political options presently in Pakistan, the country will suffer more corruption & lawlessness as seen in provinces other than punjan.
Pakistan Zindabad.Recommend
Corruption Wins
Pakistan LosesRecommend
As expected…JIT formed…PML-N survived for the time being at least for 60 days…hope JIT will work under the supervision of Supreme Court of Pakistan to avoid any chance of manipulation by the Mians…Recommend
So what SC was doing for that many months just wasting time and money of the nation? If they cant decide if NS has contradictory and false statements ??Recommend
A win win decision is not a justice.
Historical decision huh!Recommend
Pakistan has been defeated.Recommend
JIT will be formed by representatives of NAB,FIA and FBR who already in front of judiciary said they can’t do anything against NS….nothing will happen in this case our generations will be your salves NS..Thankyou Judiciary.Recommend
Justice delayed is justice denied.Recommend
Infact there is no law for elites in Pakistan. No one can touch powerful people like Nawaz Sharif and his family. Today is the dark day for Pakistani justice system.Recommend
I have no hope anymore for this countryRecommend
Once again our trust on suprerm court gone in vain…. its a sheer disappointment on the verdict… our judges proved again that elite ruling class is above the law… God bless pakistan.Recommend
Its a joke with this Nation . I think we deserve this kind of treatment from our politicians . well done Supreme Court . ARecommend
Insufficient evidence?!!?! Would a common man been able to get away with it under the same circumstances. Atleast two judges did agree to the disqualification, may be all is not lost. Recommend
SC has just wasted everyone’s time. This they could have done in December. Long live corruption in PakistanRecommend
This is nonsense….. Wasted one year… JIT has done nothing in the history of this country and nothing will change….
The only reason SC has given such a utter useless verdict is to please both sides…
This issue will now be dragged for few more months and then snap election will be announced.
This is will never realize the importance of time, will never change.
Hopeless!Recommend
Some how PML N already knew the decision!Recommend
well.justice delayed is justice denied. pityRecommend
What is PML N celebrating? Two judges, one of whom to be future CJ, believe that PM is not Sadiq and Ameen. Besides it is reported that there are negatives against the Ruling Family. Recommend
its not over.
I hope IK will not lose hope here, it was expected anyway. we are still here to fight corruption. Recommend
@Lahori: And justice denied for centuries to come. Let’s now build the tallest monument in the world to the futility of it all.Recommend
Well done Supreme Court…….at least you have been consistent in your rulings.Recommend
3-2 decisions. Seems like a football match to me.Recommend
pathetic decision. unable to understand why the supreme court took too much time just to make “JIT”. justice rest in peace in Pakistan. The miserable justice system in Pakistan.Recommend
i am immigrating to papua new guniea the only nation that allows green passpprt holders to visit visa free. pakistan has no future. :(Recommend
Another inquiry commission created which will bring forward an investigative report. Maximum that can happen is it never comes up to surface as long as Sharif brothers are in charge of this lawless land. So whosoever is celebrating this, is happy on this pretext. Move on Pakistanis, injustice prevails!Recommend
May Allah help poor and helpless people of pakistan.Recommend
Justice delay with horror, Democracy death.
Month (4) Day 20
Decision is 420 (lolzzz)Recommend
I am ashamed as a Pakistani now. Recommend
today is the end.. Recommend
Im a true blue Pakistani. I love Pakistan. All those complaining of NS, should step outside punjab and SEE WITH OWN EYES what present day politicians have achieved or rather failed to achieve in sindh, kpk, balochistan.
NS is the least evil of all evil politicians in Pakistan and under these circumstances pne must THINK !Recommend
I think it is conditional reprieve for Nawaz Sharif. It is only fair to establish, beyond reasonable doubt, the culpability before passing a guilty verdict.Recommend
Amazing decision, Ist SC mention NAB Fail to perform then formed JIT which include NAB who will investigate it, What a joke with Pakistan.Recommend
“This is the culture you’re raising your kids in. Don’t be surprised if it blows up in your face.”
Marilyn Manson Recommend
I have no hope for this country anymoreRecommend
Black Day for Pakistan Recommend
Everyone now start doing corruption in Pakistan. Open invitation to allRecommend
There is nothing in the judgement to remember even for one day what to talk of 20 yrs and centuries. If it was PPP prime minister he would have gone home today. Any way corruption legalized today but at very high level .Recommend
Interesting example of bigotry: The same folks who were advocating for Mashal to be taken to court now blame the same justice system. Infact, all of these are part of the same mob – judge, jury, executioner. Welcome to wonderland of PTI trolls !!!Recommend
Judges let Pakistan down againRecommend
Probe corruption! so what are they doing for the last several months. They just put the ball on JIT court, which can be bought easily. The whole system is down.Recommend
PML-N supporters don’t even know what hit them. :DRecommend
Guys relax, the judges of supreme court are all Pakistani. What else were we expecting? Recommend
@Hasan:
bachay.i am a much better choice than the nawaz. open up your mind..Recommend
for 20 seconds decision kept remembered, another 20 year would be passed with remorse on the unfortunate fate of Pakistan, Sorry Pakistan Recommend
Imran Khan should relax and chill now, he could even think about his third wedding !!!Recommend
Sharifs got everything they wanted: No more investigation into money laundering/Hudaibiya Mills, Maryam is no more under investigation, No SC Investigative commission rather JIT which Govt can manage easily. The entire judgement moans about the corruption of Sharifs but no action against Sharifs. I can’t believe that SC can do this. For me, SC has lost all credibility. But Salute to Justice Khosa and Justice Gulzar.Recommend
@over burdened citizen:
yes, there is no justice in Pakistan but there are several retired justices here earning good money through their pensions.Recommend
All drama. Has anything ever come of a JIT?Recommend