Disqualification plea: Abbasi objects to Imran’s additional documents

|| SC says Sharif family failed to provide documents, while PTI chief keeps on furnishing proofs |Disqualification plea

ISLAMABAD -  The counsel representing the PML-N leader on Monday raised an objection to the revised statement and additional documents furnished by the Pakistan Tehreek-e-Insaf chief to the apex court on a petition seeking his disqualification.

When a three-judge bench, headed by Chief Justice Saqib Nisar, took up PML-N leader Hanif Abbasi’s petition against PTI chief Imran Khan and General Secretary Jehangir Tareen for having offshore companies and not disclosing assets, Akram Sheikh said, “The case was filed in October last year and since then Khan has filed seven concise statements and each new one is improving his (PTI chief’s) stance and filling the missing gaps and lacunae.” He said this case should have been taken up with the petitions filed against former prime minister Nawaz Sharif in the Panama Papers case.

The Supreme Court bench said there was a difference between the petitions filed against Sharif and Khan. Justice Umar Atta Bandial said the main difference between both the cases was that Sharif family was reluctant to provide documents whereas the PTI leaders keep on providing them.

Sheikh argued that a joint investigation team (JIT) should have also been constituted in this case. If the court had done so, there would not have been a different treatment, Akram said.

The chief justice said: “We have not constituted a commission or a JIT as we wanted to examine all the aspects of the case ourselves”. The judge said they wanted to keep things in their hands and were giving a full hearing to the case.

The chief justice told Sheikh the formulations submitted by him do not prove anything. He said they have expanded the case beyond his expectations. “We have held them (Imran and Tareen) accountable for each penny,” he said.

Sheikh said: “I am not complaining but saying it is not good for the independence of the judiciary and the perception of independence.” He contended the case was filed in October last year and is being dragged and the lordships like that the lacunae be filled.

The chief justice responded: “We are not hearing a trial but inquisitorial proceedings. This is a complicated case as new issues crop up. We have kept the matter open.” He said in the last hearing, “We did not say about closing the matter, but asked for assistance from both the parties in view of the missing links”.

Sheikh said, “There is a perception among the masses that this case has consumed many days. There is a perception that this case has not been heard like the Panama Papers case.” The chief justice said: “This perception is illusionary. We have given time to both the parties.”

“I say why so much time was given to me,” Sheikh said, adding though the case had concluded, an opportunity was given to Khan to file documents.

The chief justice said they wanted to be satisfied about Niazi Services Limited’s leftover money, so they sought some clarification from the PTI counsel. He said in the PTI chief’s new statement there was an addition of 40,000 Euros recovered from the tenant of London flat.

Sheikh said the PTI counsel was filing unauthentic and fake documents which should not be allowed. He added the PTI chief’s civil miscellaneous applications did not match each other. He said whatever Khan had submitted is dishonesty. One statement of Khan is that it is according to his memory, while the other says documents have been found.

Abbasi’s counsel said Khan is changing stance, but the court thinks otherwise. He said the PTI chief submitted the application not for filing additional documents, but for revising the stance under Order 5, Rules 7 and 8 of Supreme Court Rules, 1980. He argued Khan’s position is if the new documents are different, then omit the earlier ones. He said even if they wanted to omit any documents, they could not do it. If the court allows him to amend or revise the position, then the court would have to keep in mind the law, Sheikh said.

The chief justice said they are examining all these aspects for the disqualification of a member of the Parliament. Sheikh said he would provide all these things and also submit the case law on it.

Meanwhile, the chief justice directed Jehangir Tareen’s counsel to file the Lahore High Court judgment which has dismissed their reference. Sikandar said their plea has not been dismissed, but the matter has been remanded to the revenue tribunal. The case was adjourned until Tuesday (today).

 

ePaper - Nawaiwaqt