Won't delve into Panama case: SC

The apex court on Tuesday disposed of a petition that sought to unveil volume 10 of a report—compiled by the Panama Papers’ joint investigation team (JIT) in 2017—after the petitioner’s counsel withdrew the plea.

A three-member bench of the Supreme Court led by Chief Justice of Pakistan (CJP) Umar Ata Bandial on Tuesday resumed hearing the petition filed by Broadsheet LLC, an assets recovery company, in 2018.

Broadsheet LLC was one of the two companies hired by the National Accountability Bureau (NAB) in July 2000 to investigate and track the allegedly illegally accumulated wealth of politicians and other influential figures including former prime minister Nawaz Sharif.

The company later filed a case of arbitration with the London Court of International Arbitration (LCIA) over non-payment of its service fees by NAB. In November 2018, the LCIA imposed a penalty of $17 million on NAB, along with an additional $3 million in case cost.

The Pakistan government appealed to the High Court of England and Wales against the LCIA arbitral award in favour of Broadsheet. The court rejected the appeal. On January 1, 2021, Pakistan's federal cabinet approved the payment of the $28.7 million to Broadsheet LLC.

In May 2018, the firm had also approached the SC to seek a copy of volume 10 of the JIT on the Panama Papers case for a final decision on the quantum of damages Pakistan might face over the dispute.

Justice Athar Minallah, a member of the bench, noted that Broadsheet LLC had sought to unveil volume 10 of the JIT report when it was engaged in litigation with NAB at the LCIA.

“As the process of litigation has come to an end, this petition has become ineffective,” he said.

Earlier, Broadsheet’s lawyer Latif Khosa asked as to what was written in the volume 10 of the JIT report that it had been kept under wraps. “Under Article 19A, people are entitled to know that,” he said.

Justice Minallah asked Khosa if the five-member bench of the Supreme Court that delivered the Panama Papers verdict in July 2017 mentioned anything about the JIT report’s volume 10.

“We won’t delve into that as the Panama Papers verdict resulted in the disqualification of an elected prime minister [Nawaz Sharif],” the judge said.

“You wanted volume 10 for presenting Broadsheet’s case at the court of arbitration. As the matter has been settled, this petition has become ineffective,” he noted. The additional attorney general (AAG) agreed with the judge, saying that NAB had paid Broadsheet LLC $28 million.

Addressing Khosa, Justice Minallah asked if he wanted a review of the five-member bench’s order in the Panama Papers case. When Khosa said he did not want to discuss the Panama case, Justice Minallah advised him to stick to legal points and not to talk politics.

“You have come here to represent Broadsheet LLC, not the people of Pakistan. It will, therefore, be better if you don’t try to represent the people of Pakistan [in this case],” he said.

He asked the counsel if he implied that the five-member bench of the SC had favored someone. Khosa replied that he only wanted the people to know the facts.

CJP Bandial told Khosa that he could file an application under Article 184(3) if he sought to unveil the volume 10. “However, you should not talk about public interest while representing Mr Steward [Broadsheet LLC, a foreign company],” he said.

He also advised the counsel for Broadsheet to “relax”. “Khosa Sahib, rest assured. The discussion being held in the court is not related to the case”.

During the hearing, the CJP praised the caretaker government.

“The best minds in Pakistan are currently in the government,” he said. Responding to this comment, Latif Khosa said the best minds of Pakistan are also currently in the Supreme Court.

“These minds are responsible to help run the country according to the Constitution,” he added. The court later disposed of the case, after the counsel withdrew the plea.