Lawyers threaten movement if ToRs not made in two weeks

ISLAMABAD: The legal fraternity on Saturday asked the parliamentary committee to formulate the terms of reference (ToRs) within two weeks for the commission on the Panama leaks otherwise it would be forced to launch a movement or to move the country’s top court against the federal government.

The Supreme Court Bar Association and Pakistan Bar Council held the ‘All Pakistan Lawyers Representatives Convention on Panama Leaks’ at the Supreme Court Bar Complex here.

During the convention, Vice Chairman Pakistan Bar Council (PBC) Dr. Farogh Nasim, SCBA President Syed Ali Zahar, Vice Chairman Punjab Bar Council, representatives of provincial and Islamabad High Court Bars and presidents of Islamabad, Kasur, Rawalpindi and Sheikhupura District Bar Associations developed a consensus that investigation may start from Prime Minister Nawaz Sharif and his children. Both the apex bodies resolved that if the parliamentary committee failed to formulate ToRs keeping in view the recommendations jointly forwarded by the PBC and SCBA within 15 days then all the options were open to the country’s legal fraternity including lawyers’ movement as well as filing of a constitutional petition against the federal government under Article 184(3).

On May 20, the Senate unanimously passed a resolution on formation of a parliamentary committee to finalize the ToRs to probe PanamaLeaks whereas soon after the Panama papers revelations the Supreme Court Bar Association (SCBA) had drafted ToRs for the proposed commission to probe the matter.

The gathering further resolved that the legal community will soon announce its strategy and advise the nation on how to deal with such a situation after two weeks awaiting the outcome of the Parliamentary Committee’s deliberations.

The legal fraternity termed the convention for fighting against corruption an historical moment and urged the Parliamentary Committee to formulate the ToRs within two weeks with consensus or else it will be considered that Parliament had failed to meet the aspirations of the people of Pakistan.

“The investigation may start from the prime minister and his children to find out if he had invested or owned any offshore properties or some crime or wrong doing had been done (inclusive of the trail of money/funds and reconciliation with the declarations before the Election Commission of Pakistan and income/ wealth tax authorities from January 1,1985 till date in phase 1 and then move downwards to those who are or were in any way in the government holding public offices”, the gathering resolved. 

“The legal community believes that the enquiry relating to leaked Panama Papers be restricted to parliamentarians and holders of public office as they have to conform to the requirements of Articles 62 and 63 of the Constitution and not against businessmen or loan defaulters who are or have not been parliamentarian or holders of public office while at the same time action must be taken against any members”, it added.

Dr. Farogh Naseem said the matter of ToRs was in the hands of Parliamentary Committee but he had no hopes of fruitful results from parliamentarians adding that it was the only judiciary which could initiate steps against PanamaLeaks. 

He further said it was just a simple question of money trail. Parliamentarians have declared assets in the ECP and all the FBR is required to do is to synchronize both declarations after which everything will be manifested. 

He furnished another feasibility saying that those politicians who had confessed PanamaLeaks should tell their money trail after which action could be taken against them according to the criminal code of procedure.

Barrister Ali Zafar said the ToRs composed by the legal community had been sent to the Parliamentary Committee and it was the last chance for politicians to formulate ToRs keeping in view the ToRs of PBC and SCBA in order to do indiscriminate accountability. 

The gathering further resolved that the legal community will announce its strategy and advise the nation on how to deal with such a situation after two weeks awaiting the outcome of the deliberations of the parliamentary committee.

They further resolved that the CJP may nominate two eminent SC judges, sitting or retired, and a legal expert of eminence as members of the commission which shall have the power to constitute an international joint investigation team from foreign country’s agencies to provide information, documents, evidence and record from abroad by directing the Government of Pakistan to move the mutual legal assistance requests (MLARs).

The Government of Pakistan, the provincial governments and all governmental agencies and other organizations like the NAB, FIA, IB, SBP and SECP shall by law extend all cooperation and assistance necessary for investigation to the commission and shall comply with all directions of the commission which are issued in pursuance of or for the purposes of investigation, the convention resolved.

The time period for completion of investigation shall be two months extendable to a maximum of six months from the date of commencement of the investigation. 

The commission shall publish and make public its findings and conclusions itself without any reference to the Government of Pakistan, it added.