CJ be asked for three ex-judges panel to probe Panama Leaks

Justice Wajih formula

ISLAMABAD: Justice Wajihuddin Ahmad has come up with a solution to the ongoing national crisis following the Panama Papers troublesome disclosures.

According to the ex-judge, the sitting judges of the apex court will not be the best option while the retired judges could also not be nominated by the prime minister or his government.

“In my view, the government should request the Chief Justice of Pakistan to appoint three reputed retired judges who can take complete assistance from the FBR, FIA and the State Bank of Pakistan as well as the top tax experts, forensic experts, audit experts as well as experts of international law and the commission should complete its task in four months,” he said. It merits a mention here that Justice Wajih had refused to take oath under the PCO of General Musharraf and also worked as the Chief Justice of Sindh High Court (SHC).

Talking to The News on Wednesday, he said the sitting SC judges always have to maintain the decorum of legal proceedings and thus have to give sufficient time to all parties for making arguments and other formalities whereas in the present case the major issue to probe and investigate all facts  relates to the sources of money earning and its transfer abroad from Pakistan.

“Well-reputed retired judges nominated by the chief justice, not engaged in any other assignment, assisted by the three government departments and top forensic, tax, audit and international law experts can well do the job in minimum possible time,” Wajih said, adding: “ToRs of the commission must include the point that the commission will make public its report before submitting it to the government.”

Justice Wajih said the sitting judges always have a hectic schedule to dispense with their routine judicial assignments. He said that when sitting judges are nominated for any such commission they spare time by reducing their regular judicial assignments or give extra time after completion of their routine work and in both the cases they could not fully concentrate on issues of extremely important nature under consideration in the commission.

Wajih pointed towards different deficiencies in the work and reports of two commissions which completed their work last year. Justice Wajih explained that in the present circumstances a commission nominated by the prime minister or his government, comprising highly respected, reputed and honest retired judges, will automatically become controversial as his family are being blamed.

To add acceptability and credibility to the judicial commission, the government should request the chief justice to nominate three retired judges of the apex court, he said. If the Chief Justice of Pakistan nominates the judges, there will be higher possibility that the judges will accept the assignment, he added.

To a question, Justice Wajih said he had not been contacted by the government directly to become part of the commission. “Even if somebody contacts me, it will not be appropriate for me to become part of any such commission, as I have dissociated myself from the judicial side and now have become a politician,” he said.