Offshore companies probe
ISLAMABAD: Special Assistant to Prime Minister Nawaz Sharif on Law Barrister Zafarullah Khan says the demand to put the burden of proving innocence on accused in the probe into offshore companies is unacceptable because it is against the Constitution, law andsettled norms of justice recognized by all the civilized nations.
“The new legislation and the Terms of Reference for investigation into offshore shells by the commission will equally apply to everybody facing the inquiry,” he told The News.
The key prime ministerial aide said there would be no distinction between the chief executive or an MP or anybody else, subjected to probe by the commission. “Everyone will be equal before it and no discrimination against anyone could be allowed because the Constitution and law do not sanction it.”
Zafarullah Khan said the law of evidence could not be set aside just to please some. A genuine and transparent inquiry into the offshore firms can be conducted by the commission under the existing laws, which would be cited in the special legislation, he said. Nobody can be witness against himself.
He said the government has studied the Supreme Court letter in response to its communication and the main contours of its reply will be spelt out by Prime Minister Nawaz Sharif in his speech to the National Assembly on Monday.
“The premier will present a clear plan to kick-start dialogue with the opposition parties to provide a mechanism for quick inquiry into the offshore shells.”
It is believed that Nawaz Sharif will announce his committee led by Finance Minister Ishaq Dar to hold parleys with the opposition team. He will talk about the details of his assets that are already with the Election Commission of Pakistan and would offer himself for scrutiny by any forum.
It is said that the premier will repeat his offer for his accountability before everybody else but would also state that the champions of the present campaign against him should also look at their own and their party leaders’ deeds in establishing the offshore companies, who surpass all others.
Zafarullah Khan said that it has been decided that the government would prepare the consensus ToRs and the new law in consultation with the opposition representatives while remaining within the confines of the Constitution.
Only after an agreement between the government and opposition, the ToRs and new law would be sent to the Supreme Court chief justice, he said and added that it was now up to the opposition to join the dialogue with a positive mind.
He said that the prime minister would discuss with his allies the ToRs and the fresh law. All the allied parties, he said, have confidence in Nawaz Sharif to take any decision on these issues, he said.
The legal aide said that the premier wants accelerated investigation into the offshore firms so that the controversy is put to rest at the earliest and his development agenda gets the utmost attention.
In its response to the opposition’s ToRs, the government’s legal wizards stated that since proceedings before the inquiry commission are for fact-finding purposes and are not in the nature of a criminal trial, no question arises about shifting of the burden of proof.
The opposition’s ToRs saidthe commission shall direct the respondent to give a mandatory authorization by an irrevocable general power of attorney empowering the committee and/or its designated members, to lift all corporate veils, access all bank accounts, offshore companies and accounts, stock exchange accounts, corporate registers including registers of shareholders and directors, land and estate records (by whatever name or nomenclature called in any given jurisdiction), and the facilitation of the committee/member by the respondent by any other means that may be required by any foreign jurisdiction, governments, authorities or officials concerned and such facilitation may include the signing of any documents, forms, applications, requests or authorizations required.
Responding the government side expressed the view that the proposed general power of attorney is not only unconstitutional, it is also completely unnecessary. The commission may itself constitute a body for the examination of witnesses or documents or any local investigation; ask the government to issue request for Mutual Legal Assistance to the Panamanian authorities; or may itself requisition any public record from any court or office; or require any person (subject to any claim of privilege), to furnish any relevant information. Since the general power of attorney is unconstitutional and unnecessary, no question arises about presumption of guilt on its non-issue. This is against Articles 4, 10-A and 13 of the Constitution.