Smear campaign: Top court warns against hindering JIT inquiry
Says any hurdles will be treated as subversion of April 20 judgment; reserves verdict in picture leak case
Justice Ejaz Afzal Khan. PHOTO COURTESY: PESHAWAR HIGH COURT WEBSITE
ISLAMABAD:
The Supreme Court has warned that any impediment to the working of the joint investigation team (JIT) probing the money-laundering allegations against the Sharif family will be taken as ‘subversion’ of its April 20 judgment in the Panamagate case.
“It is not [the] JIT, but the Supreme Court [that] is being implicated,” said Justice Ejaz Afzal Khan, heading the three-justice special bench.
Commenting over the ongoing ‘campaign’ against the judiciary, the JIT in particular, in the wake of the probe into the Panamagate, Justice Ejaz added they would not be intimidated and “threats cannot stop them from reaching [their] destiny”.
He lamented that some responsible media persons were distorting the facts but added that they would go by the book and law. “It would have been better, if people gave comments on the media after knowing the facts.”
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Justice Azmat Saeed Sheikh, commenting over the JIT’s apprehensions regarding different government departments, said: “The JIT has alleged that certain offences have been committed by state functionaries.”
The judges also asked Attorney General Ashtar Ausaf Ali to look into the JIT's grievances and recommend today (Thursday) what measures could be taken to resolve the issue.
The bench on Wednesday took up Hussain Nawaz’s plea against video recording of witnesses during interrogation. After hearing the arguments of Khawaja Haris, the counsel for Hussain Nawaz, the bench reserved its judgment.
During the hearing, Justice Ijaz-ul-Ahsan observed that they were taking notes of what was being said and they would deal with that matter after the completion of the inquiry. He, while commenting over Hussain’s different applications, observed: “It’s an attempt to hamper the JIT investigation.”
“If Hussain's picture has been leaked, then what’s harm in it,” he said, adding the gentleman (Hussain) was respectfully sitting in the chair during his interrogation. “Video recording is protecting him, rather than harming him.”
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Justice Ijaz also wondered over Khawaja Haris’ argument that video recording has psychological effect on witnesses. He observed that his concerns were political rather than legal.
Justice Ejaz observed: “Video recording cannot be used as substance evidence.” However, he said one of his arguments was that whether video recording would be a substitute to signatory statement.
Haris raised serious reservations over video-recording of witnesses. He also said he was not habitual in filing applications to hamper justice. The counsel expressed apprehension that today (Thursday) Prime Minister was going to appear to record his statement before the JIT and if the video recording would again be leaked on social media then it would have much greater consequences.
The counsel in his written rejoinder over the JIT’s reply raised concerns over the language used by the team.
“The tone and tenor adopted and the harsh language employed by the JIT members in their reply to Hussain’s application unequivocally demonstrates its animosity towards Hussain and his family members,” he adds.
The rejoinder states that once the JIT members have confessed that the leakage of the “screenshot” of Hussain Nawaz taken from a CCTV monitor in the interrogation room indeed took place, it does not lie in the mouth of any of the members of the JIT to say that it is unfounded and unwarranted or to shirk their responsibility for the leakage.
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Haris insisted the bench to order an inquiry to know who was involved or responsible for leaking the screenshot of Hussain to social media. The AGP, endorsing the arguments of Khawaja Haris, said: “Video recording is not being allowed to use as evidence under the law.”
It is also learnt that the SECP and FBR, while submitting their replies to the AGP, completely rejected the allegations of the JIT against them.
Moreover, the Ministry of Law and Justice also strongly denied the allegations of the JIT that the matter relating to the issuance of a notification authorising the JIT Chairman under Section 21 of the National Accountability Ordinance 1999 was “intentionally lingered at the behest of Ministry of Law and Justice”.
The ministry, in a handout, said that the Supreme Court order was complied with within two days of the receipt of the order.
Also, the JIT has summoned the prime minister’s son-in-law Capt (retd) Mohammad Safdar on June 24.
PTI approaches SC
Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan on Wednesday sought the Supreme Court’s intervention against what he termed a “systematic and planned derogatory campaign” against the higher judiciary being run by Prime Minister Nawaz Sharif and other members of the ruling party.
The petition, moved by PTI counsel Chaudhry Fawad Hussain, alleged that the ongoing campaign was launched at the behest of the prime minister since the top court took up the PTI’s petition on the Panama Papers.
Statements of federal ministers, spokesperson, personal staffers of the prime minister, news clippings and other relevant portions of press talks have been made part of the petition.
In his application, the PTI chief alleged that the derogatory campaign against apex court judges and members of the JIT was ‘orchestrated and choreographed’ by the prime minister and the finance minister whereas cabinet ministers, spokespersons, nominees and members of the ruling Pakistan Muslim League-Nawaz (PML-N) were executing it “with the objective to obstruct the administration of justice and hamper, impede and malign the investigation proceedings” carried in pursuant to the top court’s Panamagate verdict.
Seeking the apex court’s directives under Article 190 of the Constitution to all the executive and judicial authorities throughout the country to ensure smooth, free and unobstructed implementation of its April 20 order, Khan pleaded the court to pass orders to stop the ‘ongoing smear campaign’ against the judiciary, the SC staff and members of the JIT.
“It has been noticed with utmost concern that Respondent No 1 [PM Nawaz], by using his position and clout, has started a mala fide and malicious campaign against the judiciary and the JIT with criminal intention to hamper and impede the process of the investigating proceedings,” the petition said.
“A general impression has been given to the public at large as the ruling family is a prey and victim of an unlawful judicial process and on the pretext profane and irreverence have been continuously attributed to the respected judges of this court for directing further probe of the family through a JIT,” it added.
The Supreme Court has warned that any impediment to the working of the joint investigation team (JIT) probing the money-laundering allegations against the Sharif family will be taken as ‘subversion’ of its April 20 judgment in the Panamagate case.
“It is not [the] JIT, but the Supreme Court [that] is being implicated,” said Justice Ejaz Afzal Khan, heading the three-justice special bench.
Commenting over the ongoing ‘campaign’ against the judiciary, the JIT in particular, in the wake of the probe into the Panamagate, Justice Ejaz added they would not be intimidated and “threats cannot stop them from reaching [their] destiny”.
He lamented that some responsible media persons were distorting the facts but added that they would go by the book and law. “It would have been better, if people gave comments on the media after knowing the facts.”
JIT summons Hudaibya Paper Mills scam record
Justice Azmat Saeed Sheikh, commenting over the JIT’s apprehensions regarding different government departments, said: “The JIT has alleged that certain offences have been committed by state functionaries.”
The judges also asked Attorney General Ashtar Ausaf Ali to look into the JIT's grievances and recommend today (Thursday) what measures could be taken to resolve the issue.
The bench on Wednesday took up Hussain Nawaz’s plea against video recording of witnesses during interrogation. After hearing the arguments of Khawaja Haris, the counsel for Hussain Nawaz, the bench reserved its judgment.
During the hearing, Justice Ijaz-ul-Ahsan observed that they were taking notes of what was being said and they would deal with that matter after the completion of the inquiry. He, while commenting over Hussain’s different applications, observed: “It’s an attempt to hamper the JIT investigation.”
“If Hussain's picture has been leaked, then what’s harm in it,” he said, adding the gentleman (Hussain) was respectfully sitting in the chair during his interrogation. “Video recording is protecting him, rather than harming him.”
Army to play ‘due role’ in JIT
Justice Ijaz also wondered over Khawaja Haris’ argument that video recording has psychological effect on witnesses. He observed that his concerns were political rather than legal.
Justice Ejaz observed: “Video recording cannot be used as substance evidence.” However, he said one of his arguments was that whether video recording would be a substitute to signatory statement.
Haris raised serious reservations over video-recording of witnesses. He also said he was not habitual in filing applications to hamper justice. The counsel expressed apprehension that today (Thursday) Prime Minister was going to appear to record his statement before the JIT and if the video recording would again be leaked on social media then it would have much greater consequences.
The counsel in his written rejoinder over the JIT’s reply raised concerns over the language used by the team.
“The tone and tenor adopted and the harsh language employed by the JIT members in their reply to Hussain’s application unequivocally demonstrates its animosity towards Hussain and his family members,” he adds.
The rejoinder states that once the JIT members have confessed that the leakage of the “screenshot” of Hussain Nawaz taken from a CCTV monitor in the interrogation room indeed took place, it does not lie in the mouth of any of the members of the JIT to say that it is unfounded and unwarranted or to shirk their responsibility for the leakage.
Panamagate: Some case record tampered with, says JIT
Haris insisted the bench to order an inquiry to know who was involved or responsible for leaking the screenshot of Hussain to social media. The AGP, endorsing the arguments of Khawaja Haris, said: “Video recording is not being allowed to use as evidence under the law.”
It is also learnt that the SECP and FBR, while submitting their replies to the AGP, completely rejected the allegations of the JIT against them.
Moreover, the Ministry of Law and Justice also strongly denied the allegations of the JIT that the matter relating to the issuance of a notification authorising the JIT Chairman under Section 21 of the National Accountability Ordinance 1999 was “intentionally lingered at the behest of Ministry of Law and Justice”.
The ministry, in a handout, said that the Supreme Court order was complied with within two days of the receipt of the order.
Also, the JIT has summoned the prime minister’s son-in-law Capt (retd) Mohammad Safdar on June 24.
PTI approaches SC
Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan on Wednesday sought the Supreme Court’s intervention against what he termed a “systematic and planned derogatory campaign” against the higher judiciary being run by Prime Minister Nawaz Sharif and other members of the ruling party.
The petition, moved by PTI counsel Chaudhry Fawad Hussain, alleged that the ongoing campaign was launched at the behest of the prime minister since the top court took up the PTI’s petition on the Panama Papers.
Statements of federal ministers, spokesperson, personal staffers of the prime minister, news clippings and other relevant portions of press talks have been made part of the petition.
In his application, the PTI chief alleged that the derogatory campaign against apex court judges and members of the JIT was ‘orchestrated and choreographed’ by the prime minister and the finance minister whereas cabinet ministers, spokespersons, nominees and members of the ruling Pakistan Muslim League-Nawaz (PML-N) were executing it “with the objective to obstruct the administration of justice and hamper, impede and malign the investigation proceedings” carried in pursuant to the top court’s Panamagate verdict.
Seeking the apex court’s directives under Article 190 of the Constitution to all the executive and judicial authorities throughout the country to ensure smooth, free and unobstructed implementation of its April 20 order, Khan pleaded the court to pass orders to stop the ‘ongoing smear campaign’ against the judiciary, the SC staff and members of the JIT.
“It has been noticed with utmost concern that Respondent No 1 [PM Nawaz], by using his position and clout, has started a mala fide and malicious campaign against the judiciary and the JIT with criminal intention to hamper and impede the process of the investigating proceedings,” the petition said.
“A general impression has been given to the public at large as the ruling family is a prey and victim of an unlawful judicial process and on the pretext profane and irreverence have been continuously attributed to the respected judges of this court for directing further probe of the family through a JIT,” it added.