Panamagate: JIT complains of ‘impediments’ to probe

Hussain Nawaz wants commission to investigate photo leak

ISLAMABAD: The joint investigation team (JIT) has told the Supreme Court that it was facing ‘impediments’ in probing offshore properties of the Sharif family.

The six-member JIT led by Wajid Zia on Wednesday submitted the second classified progress report before the three-judge special bench, headed by Justice Ejaz Afzal Khan with Justice Azmat Saeed Sheikh and Justice Ijaz-ul-Ahsan as other members. All six members of the JIT were present in the courtroom.

The judges went through the report for around ten minutes. Later, they briefly whispered with one another and asked the JIT head to file a separate application regarding the ‘problems’ faced by them while interrogating the witnesses.

Justice Ejaz said they will ask the attorney general for Pakistan (AGP) to resolve the impediments faced by JIT.

Legal experts say the ‘impediments’ the JIT has complained of relate to some departments that are not cooperating with the JIT.

The special bench again emphasised the JIT members to complete their investigation within 60 days.

“Time is hard and unchangeable, therefore, they (JIT members) cannot be compromised on time. We cannot afford to extend even a day beyond the stipulated time period [announced in the April 20 verdict],” Justice Ejaz observed.



The bench, however, observed that the investigation was going on in the right direction. It, however, asked to seal the report and deposited it in the Registrar’s office.

Earlier, Khawaja Haris, the counsel for Hussain Nawaz, submitted an application before the bench, requesting to direct the JIT members to ‘immediately’ stop video recording of its proceedings relating to the recording of statements and interrogation of witnesses.

Hussain also pleaded the Supreme Court to constitute an independent commission headed by a retired or a sitting judge of the apex court to inquire into the circumstances leading to his photograph being leaked on social media and identify the person(s) involved in the affair.

The application states that when the Anti-Terrorism Act 1997 was promulgated, there was a provision that permitted video recording of an accused’s confession and such confession, when made before a police officer of the rank of DSP, was also admissible as evidence. However, such law was declared to be ultra vires of the Constitution.

“The video recording at the time of recording statement/interrogation also put undue pressure on the witness, making him conscious and is not conducive to a free atmosphere that a witness recording his statement requires and speaking out without being treated like a criminal,” says the application.

 



Hussain also alleged that one or all members of the JIT or some persons working under it or at their behest have leaked his photograph in the interrogation room.

“It is contended that the whole purpose of releasing the photograph on social media is irreconcilable with any bona fide [intension]. On the contrary, the manner and the timing of the release of the photo have raised considerable questions about the motives of the person or persons behind the sordid affair.”

“In other words, the photograph released is aimed at humiliating the petitioner (Hussain) and is violative of his fundamental right to human dignity as guaranteed to him under Article 14 of the Constitution.

“It appears to be directed at giving a message to those who are yet to be summoned by the JIT that they would be at the absolute mercy of the JIT members and that they should leave their dignity and self-respect at home.”











The application further states that the JIT members have been pressurising every witness who has appeared before it to change his statement and even to implicate specific persons in wrongdoing(s).

However, the bench asked the JIT to submit its ‘input’ on Hussain’s plea and adjourned the hearing till Monday.

“Let us get their input first,” Justice Ejaz asked the counsel.

Meanwhile, the PML-N on Wednesday came out strongly against the JIT and raised serious reservations over the way it had been investigating the Sharif family’s offshore assets.

Talking to the media at the Press Information Department, former minister Mushahidullah Khan said calling an ambulance to the Federal Judicial Academy was nothing more than a drama.

He said the mother of Hussain Nawaz was worried amid reports of an ambulance being sent to the academy. "Any member of the JIT could have informed the family of Hussain Nawaz that he is fine,” he said.

Khan said even Musharraf, who had his entire government probing Nawaz Sharif, could not prove anything and ended up bringing ridiculous charges of a plane hijacking case.

Another PML-N leader Tariq Fazal Chaudhry said that the government was being blamed despite extending ‘full cooperation’, adding “it is being alleged that the PML-N is making the JIT report controversial”.

Fazal said the party was respectful towards everyone, adding in return the PM House should be respected as well.

He said that the matter of Hussain Nawaz’s picture on social media was a matter of concern not only for the government but for the entire nation.

Fazal said that despite the JIT’s proceedings being confidential, the leakage of the picture was quite unfortunate. (With additional input from news desk)