JIT final report may further delay decision in Panama Papers case

ISLAMABAD - The joint investigation team (JIT) probing the involvement of Sharif family in Panama Papers case will submit its final report on 13 questions of the implementation bench of the Supreme Court on July 10th.

The apex court in its April 20th, 2017, order had directed the JIT, comprising officials from six various departments, to investigate and collect evidence that Prime Minister Nawaz Sharif (respondent number 1), or any of his dependents or benamidars own, possesses or has acquired assets of any interest therein disproportionate to his known means of income.

The JIT was also ordered that it may examine the evidence and material already available with the FIA and the NAB regarding the flats or any other assets or pecuniary resources and their origin.

The JIT so far has recorded the statements of Prime Minister Nawaz Sharif, Chief Minister Shehbaz Sharif, Hussain Nawaz, Hassan Nawaz, Capt (retired) Safdar, PM’s cousin Tariq Shafi, PPP Senator Rehman Malik and National Bank President Ahmed Saeed.

Legal experts, while talking to The Nation were of the view that the JIT on July 10th might seek more time or the court could say that the material provided by the JIT was voluminous therefore after reading it they would decide the matter.

They were also of the opinion that the matter might get referred to a trial court.

According to the 20th April Supreme Court’s judgement, the three-judge bench (headed by Justice Ejaz Afzal) may pass appropriate orders in exercise of its powers under articles 184(3), 187(2) and 190 of the Constitution including an order for filing a reference against PM Nawaz Sharif and any other person having nexus with the crime, if justified on the basis of the material thus brought on the record before it.

Upon receipt of final report, the court shall also consider matter of disqualification of Prime Minister Nawaz Sharif.

Salman Akram Raja, who represented Hussain Nawaz and Hassan Nawaz in Panama leaks, while talking to The Nation said that if the JIT presented some record, which was incontrovertible then the court would decide the matter.

However, if the same material is submitted, which has already been placed before the five-member bench of the apex court that heard the Panama leaks case then the court may refer the matter to a NAB court.

Pakistan Tehreek-e-Insaf (PTI) counsel, Sheikh Rashid and Jamaat-e-Islami have already submitted record of Hudaibiya Papers Mills, tax and wealth statements of Nawaz Sharif, Maryam Nawaz, and Capt (retd) Safdar and the investigation report of Rehman Malik in the apex court.

Salman Akram Raja further said: “The implementation bench can’t decide the case merely on the basis of witnesses’ statements,” and added the JIT was constituted for further investigation to substantiate money laundering, corruption and the ownership of London flats by Sharif family before 2006.

Meanwhile, many lawyers do not give much importance to the JIT report and consider it just an investigation report.

Senior advocate Supreme Court AK Dogar opined that the JIT report was no more than just an investigation report.

He said that in this case, those persons who have appeared before the JIT might later on appear before a trial court and give evidence.

Farooq Hamid Naek, former chairman Senate and prominent lawyer, has different opinion.

He said that the JIT was constituted by the apex court under Article 184(3) of the Constitution therefore, its report was different from the police investigation report submitted under Section 173 of the CrPc.

Naek like Salman Akram Raja also thinks that if the JIT presents substantial evidence, which could not be denied, then the Supreme Court will decide the matter, otherwise can send it to an Accountability Court.

The former chairman Senate believes that the JIT might file some additional documents, which it had obtained from the SECP and the FBR, adding those may establish the allegations against the prime minister and his family.

The questions, which the JIT is probing are; 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; whether respondents number 7 and 8 in view of their tender ages had the means in the early 1990s 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, in fact, is the real and beneficial owner of M/s Nielsen Enterprises Limited and Nescoll Limited, how did Hill Metal Establishment come into existence; where did the money for Flagship Investment Limited and other companies set up/taken over by respondent number 8 come from, and where did the working capital for such companies come from and where do the huge sums running into millions gifted by respondent number 7 to respondent number 1 drop in from, which go to the heart of the matter and need to be answered. Therefore, a thorough investigation in this regard is required.

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