ISLAMABAD - As the case is progressing and new facts are coming to light, a five-member bench, which has been hearing the case since January 4 on a regular basis, is likely to wind it up.
Justice Asif Saeed Khan, who is heading the bench, at the end of the proceeding on Wednesday inquired from the counsel of the prime minister’s sons, has he finished his arguments?
Salman Akram Raja wanted more time, but the court asked him to conclude by tomorrow (Thursday).
Justice Ejaz Afzal observed, “this case has become like layers of onion.”
In the last two weeks, the case could not be heard due to Justice Sheikh Azmat Saeed’s heart-related illness.
When the case began, Raja expressed his gratitude to Justice Saeed.
Justice Khosa thanked the entire nation for praying for the recovery of Justice Saeed.
Justice Azmat, who does not seem to have fully recovered, asked Raja not to expect any easy ride, implying tough questions will continue to pour in from the bench.
Justice Azmat did not appear energetic and completely fit as during the hearing most of time, he remained quiet and did not smile, as he usually does when he enters the courtroom.
Like the last hearing, Raja held his ground despite tough questions from the bench.
His prompt replies to the bench queries were lauded by the PTI leadership.
Young lawyers present in the courtroom appreciated the way Raja responded to the questions.
The mere narration of facts in absence of relevant documents regarding transfer of London flats in the name of Hussain Nawaz, Mariam Safdar’s trust deed and setting up of Mills in Dubai and Jeddah, raised questions.
The stance of respondents’ counsels have been that the 40-year-old documents could not be provided and whatever they had, had been presented before the court.
The lawyers’ arguments failed to satisfy the bench as those are in sharp contrast to the Prime Minister Nawaz Sharif speech made on the floor of the National Assembly that all the record is available and would be provided when asked by the court.
Justice Ejaz Afzal and Justice Sheikh Azmat Saeed opinion was that without proper investigation the court cannot reach the truth, while other judges still demand the documents in view of the prime minister’s statement, and the interviews of his children to various TV channels.
The utterances had created problems, which the record speaks for itself, Justice Khosa remarked.
Raja submitted 11 formulations, which are related to the jurisdiction of apex court to deliver judgment without thorough investigation.
He also identified eight questions, which the court had asked from him.
Raja has proposed for the constitution of commission for investigation as this court under Article 184(3) of the Constitution has no jurisdiction to carry out the investigation.
He cited Supreme Court judgment in Arsalan Iftikhar case, which says that state machinery should carry out the investigation.
In NICL, Hajj and Punjab Bank scams the apex court had directed the investigation agencies to probe and they would monitor it.
The explanation on the dependency and the letters from Qatari prince is still not acceptable to the court.
It raised question that in return for the huge gifts from the Qatari and Saudi royals, they too must have got some favour from the Sharif family.
Raja objected to the word favour and said the Qatari royal have some business in Pakistan.
The bench sought detail of it.
Imran Khan, Jehangir Tareen, Shah Mehmood Qureshi and Sheikh Rashid Ahmed had smiled on their faces when the court observations were made against PM Nawaz Sharif’s family, particularly the favours by Arab royals.
The mention of constituting commission to probe the allegations levelled by Pakistan Tehreek-e-Insaf, Jamaat-e-Islami and Awami Muslim League, did not seem to appeal them.
The PTI chairman in December 2016 had told the court that they would boycott the commission, when the former Chief Justice Anwar Zaheer Jamali, while heading the bench, proposed it.