ISLAMABAD - The Supreme Court on Friday disqualified Nawaz Sharif for life and ordered the National Accountability Bureau (NAB) to file references against him, his children and ex-finance minister Ishaq Dar.
Nawaz has been ousted from the premiership for the third time, and the top leader of most popular party of the country has no chance of a comeback unless the parliament amends the law that bars him from holding any public or party office.
The verdict in Panama leaks case involving corruption allegations against Sharif family was unanimous of the five-member bench, headed by Justice Asif Saeed Khan Khosa.
The two-members of the bench, Justice Khosa and Justice Gulzar had already decided against Nawaz on April 20. But three judges – Justice Ejaz Afzal Khan, Justice Sheikh Azmat Saeed and Justice Ijazul Ahsan – went for further two-month investigation through a joint investigation team, before aligning with their senior colleagues.
The Panama Papers controversy erupted last year with the publication of 11.5 million secret documents from Panamanian law firm Mossack Fonseca documenting the offshore dealings of many of the world’s rich and powerful.
Three of Sharif’s four children – his daughter Maryam and sons Hasan and Hussein - were implicated in the papers. At the heart of the case was the legitimacy of the funds used by the Sharif family to purchase several high-end London properties via offshore companies.
The allegations sparked a media frenzy over details of the lavish lifestyles and luxury London property portfolio of the Sharif dynasty.
The claims resulted in a case by the opposition parties, particularly Imran Khan’s Pakistan Tehreek-e-Insaf and right-wing Jamaat-e-Islami which asked the Supreme Court to investigate the foreign assets of ex-PM Nawaz and his family.
The court in an earlier judgement found enough reasons to carry out a deeper probe by a six-member joint investigation team (JIT), which reported “significant disparity” between the family’s income and lifestyle, and unearthed fresh claims over Sharif’s links to companies based in the United Arab Emirates.
The JIT had unearthed that Nawaz had been an office bearer of his elder son’s company in UAE, something he had not declared in his nomination papers for the election. The court cited it as the reason for declaring that he was “not honest” and hence ineligible to continue as premier, as per Article 62 of the constitution.
“He is disqualified as a member of the parliament so he has ceased to be holding the office of prime minister,” Justice Ejaz Afzal Khan told the packed courtroom in Islamabad.
The ruling saw political uncertainty take hold once again, dissolving cabinet and leaving the country without a sitting prime minister.
General elections are scheduled for next year, and Nawaz Sharif has fallen short of becoming the first-ever Pakistani premier to complete a full five-year term.
The court directed the Election Commission of Pakistan to issue notification for the disqualification of Nawaz Sharif from being a MNA with immediate effect, after that he shall cease to be the prime minister.
Sharif’s ruling PML-N party confirmed he had stepped down with “serious reservations”, a move which automatically dissolves Cabinet.
The Supreme Court called on President Mamnoon Hussain, who swears in the prime minister, to take the “necessary steps under the Constitution to ensure the continuation of the democratic system”.
Cheers and tears
As the verdict was announced in Islamabad, opposition supporters rushed into the street chanting slogans and handing out sweets in celebration.
Hundreds also took to the streets in northwestern Peshawar, beating drums and distributing money and sweets while chanting “Go Nawaz Go”.
“I want to tell the nation that it is a huge victory of yours,” PTI chief Imran Khan told reporters at his home outside Islamabad Friday.
The cricketer-turned-politician, who spearheaded the push against Nawaz, said he was ‘extremely pleased’. “I am seeing the destination of a new Pakistan in front of me,” he said, announcing a rally to be held on Sunday.
But in Lahore and some other cities of Punjab, Sharifs’ power base, sporadic protests broke out, with his supporters burning tyres and locking streets.
The Sharifs and their allies have consistently and noisily rejected the graft claims against them.
“Not a single penny of corruption has been proved in this decision against Nawaz Sharif and the people of Pakistan also know it,” information minister Maryam Aurangzeb told reporters after the decision.
Different reasons, same decision
The Friday’s judgment said Nawaz Sharif failed to disclose his un-withdrawn receivables from Capital FZE, Jebel Ali, UAE in his nomination papers under Section 12(2)(f) of Representation of the People Act (ROPA), 1976, and has furnished a false declaration under solemn affirmation therefore he is not honest in terms of Section 99(f) of ROPA and Article 62(1)(f) of the Constitution and be disqualified as a member of the National Assembly.
The legal experts pointed out that two judges – Justice Khosa and Justice Gulzar – in their April judgment had disqualified Nawaz Sharif on the basis of discrepancies in respondents’ statements, but the rest three judges have now decided his disqualification for his failure to disclose his un-withdrawn salary from Capital FZE.
Accountability cases
The court in its judgment also ordered accountability cases against Sharif family, over amassing wealth abroad through alleged corruption and money laundering, which could see criminal charges brought against them.
It said the Nation Accountability Bureau (NAB) shall prepare and file the references before the accountability court in Rawalpindi/Islamabad within six weeks from the date of the judgment.
The court ordered NAB to file reference against Muhammad Nawaz Sharif, his daughter Maryam Safdar, sons Hussain Nawaz Sharif and Hassan Nawaz Sharif and son-in-law Capt (r) Muhammad Safdar related to Avenfield Apartments 16, 16-A, 17 and 17-A in London.
The references would be filed on the basis of the material collected and referred to by the JIT in its report and other material as may be available with the Federal Investigation Agency (FIA) and the NAB.
It includes any such material as could have any nexus with the assets or which may subsequently become available - including material that may come before it pursuant to the mutual legal assistance MLA requests sent by the JIT to different [foreign] jurisdictions.
The apex court also ordered NAB to file reference against Muhammad Nawaz Sharif (respondent No 1), Hussain Nawaz (respondent No 7) and Hassan Nawaz (respondent No 8) regarding Azizia Steel Company and Hill Metal Establishment.
The accountability watchdog was also ordered to file reference against Nawaz, Hussain and Hassan concerning Flagship Investments Limited, Hartstone Properties Limited, Que Holdings Limited, Quint Eaton Place 2 Limited, Quint Saloane Limited [formerly Quint Eaton Place Limited], Quaint Limited, Flagship Securities Limited, Quint Gloucester Place Limited, Quint Paddington Limited [formerly Rivates Estates Limited], Flagship Developments Limited, Alanna Services Limited (BVI), Lankin SA (BVI), Chadron Inc, Ansbacher Inc, Coomber Inc and Capital FZE (Dubai).
The court has also ordered legal action against outgoing finance minister, Ishaq Dar, who is also a relative of Nawaz Sharif.
The NAB was asked to file reference against Dar (respondent No 10) for possessing assets and funds beyond his known sources of income. Dar’s assets witnessed 91 times increase, from Rs9.11 million to Rs831.70 million, in just five years.
The accountability bureau was also directed to include in the proceedings all other persons, including Sheikh Saeed, Musa Ghani, Kashif Masood Qazi, Javaid Kiyani and Saeed Ahmed, who have any direct or indirect nexus or connection with the actions of respondents No 1, 6, 7, 8 and 10 leading to acquisition of assets and funds beyond their known sources of income.
The NAB was ordered that it may file supplementary reference(s) if and when any other asset, which is not prima facie reasonably accounted for, is discovered.
The accountability court was directed to proceed with and decide the references within six months from the date of filing the references.
The court said in case the accountability court found any deed, document or affidavit filed by or on behalf of the respondent(s) or any other person to be fake, false, forged or fabricated, it should take appropriate action against the concerned person(s) in accordance with the law.
The bench requested Chief Justice of Pakistan Saqib Nisar to nominate a judge of the apex court to supervise and monitor implementation of this judgment in letter and spirit and oversee the proceedings conducted by the NAB and the accountability court.
Praise, security for JIT
The Panamagate bench lauded the efforts of the JIT members and their support and ancillary staff in preparing and filing a comprehensive and detailed report.
Their tenure of service shall be safeguarded and protected and no adverse action of any nature including transfer and posting shall be taken against them without informing the monitoring judge of the apex court, the court ordered.
The bench, on May 5, had constituted the JIT comprising Amer Aziz, who is on deputation with the NIBAF; SECP executive director Bilal Rasool; NAB director Irfan Naeem Mangi; Brig Muhammad Nauman Saeed from ISI; Brig Kamran Khurshid from MI; and FIA Additional Director General (Immigration) Wajid Zia, who headed the investigation team.
The JIT submitted their final report on July 10. The bench heard the arguments of the petitioners and the defence counsels on the JIT report and had reserved the judgment on July 21.
Corruption problem
Graft is endemic in Pakistan, with the country coming in 116th place out of 176 countries ranked according to corruption levels by Transparency International in 2017.
Nawaz Sharif has been ousted on corruption allegations once before, when he was sacked by the country’s then-president during his first term in 1993.
The court verdict marks a major political victory for opposition leader Imran Khan. Ironically, Khan himself is also under Supreme Court investigation on allegations he failed to declare sources of income and he too may face disqualification if he fails to satisfy the court.
Third forced exit