Two days after forming a one-man commission to probe the Broadsheet scandal, the PTI-led government has issued term of references (TORs) of the inquiry involving political bigwigs including former premier Nawaz Sharif and former president Asif Ali Zardari.
On Tuesday, the federal cabinet had agreed to form a one-man commission – headed by Justice (retd) Azmat Saeed Sheikh – not only to probe the Broadsheet saga but also some other scandals, including the mysterious disappearance of “Swiss boxes” allegedly stuffed with evidence against the top PPP leaders.
The government has constituted the one-man commission comprising the former apex court judge, under section 3 of the Commission of Inquiry Act, 2017.
As per the TORs, the commission will examine the process of selection and appointment of assets recovery firms — Trouvons LLC, Broadsheet LLC and International Asset Recovery Limited (‘IAR’) — and execution of agreements in the year 2000 to trace the offshore assets of Pakistanis stashed abroad.
It will also probe into the circumstances, reasons and effect of cancellation of agreements with Broadsheet LLC and IAR in the year 2003.
“To identify and determine the reasons and effect of settlement and payments made on behalf of Pakistan to IAR and Broadsheet LLC in the year 2008 and whether the payments made were justified?”
The commission will also identify the persons or officials responsible for making wrong payment of $1.5 million to the wrong person in the year 2008 who was not entitled to receive such payment.
“Whether the arbitration proceedings before the London Court of International Arbitration (LCIA) and subsequent appeal before the High Court of Justice in London were conducted diligently and efficiently?,” read the TORs issued by the government.
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In December 2020, a high court in the UK had ordered debiting Rs4.5 billion from the accounts of the Pakistan High Commission in London over non-payment of a penalty by the National Accountability Bureau (NAB) to the foreign asset recovery firm Broadsheet LLC
The inquiry will determine as to whether after finalisation of the award and appellate proceedings before the High Court at London, the process of making payments to the claimant was legal and in accordance with the prescribed rules and procedure.
The incidents and cases relating to recovery efforts and legal proceedings pursued by the government of Pakistan since the year 1990 in foreign jurisdictions for recovery of unlawfully removed money or illegally acquired assets, “but were closed, abandoned and/or withdrawn without any valid reason or justification resulting in colossal losses to the country?”
The one-man commission will identify and fix responsibility of any person, body or authority etc, which was found guilty of gross negligence or misconduct or acted with mala fide motive or objective in respect of the above matters.
According to TORs, in addition to the powers conferred on the commission, the Commission shall also be empowered under Section 10(b), to constitute special teams consisting of officers from the executive authorities and experts in any particular field, for the purpose of assisting the commission in conducting the inquiry.
“The special teams shall have such power as provided under the Act,” as per the TORs.
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