PanamaLeaks Case: Live From Courtroom No 2

ISLAMABAD: Premier Sharif’s lawyer took seventeen long hours to conclude his "valuable arguments" into the Panama Leaks case. Before the learned counsel left the rostrum on Thursday, Justice Asif Saeed Khosa remarked: “Thank you [Makhdoom Ali Khan] very much for the valuable arguments as well as for the valuable assistance [in this landmark case].”

It was a chilly and bit foggy morning outside the Courtroom No 2 when Makhdoom Ali Khan resumed his arguments on seventh consecutive day in the country’s top court which was hearing the Leaks case.

“We are highly indebted to you and your young legal team,” added Justice Khosa before leaving the hall. He was heading a five-member-judge bench which posed more than a hundred striking questions both before the petitioners and the respondents in past 12 hearings of this case.

“Even under Article 184/3 of the Constitution, the case would not be decided mere based on allegations—it has to be decided on evidence—and luckily petitioners could not produced a scrap of evidences,” the smiling Makhdoom argued while talking to this correspondent. "I've assisted the court--presented all the available record before judges too — we will come up with some colours in this case,"hoped Naeem Bokhari, lead counsel for PTI.

Before worthy judges took their seats in a bit suffocated courtroom at 9:30am, hundreds of observers and top leadership of Pakistan Tehreek-e-Insaf, Jamaat-e-Islami and close to a dozen legislators of Pakistan Muslim League-Nawaz stood up in respect of judges.

Makhdoom Ali Khan built his arguments on “how Maryam Nawaz Sharif was not a dependent on her father.” Premier Sharif’s counsel, Makhdoom Ali Khan, perhaps deliberately did not get entered into 'a danger zone' of money trail. But he ensured judges that his learned colleague Salman Akram Raja would argue on this particular matter. Calm looking left handed Salman, who noted the whole proceedings, is representing Hassan Nawaz and Hussain Nawaz in this case. He remained tightlipped all the way in the courtroom and usually sits next to Shahid Hamid, counsel for Maryam Nawaz Sharif, her spouse MNA Captain Safdar (retd) and Finance Minister Ishaq Dar.

It was probably a rare day when no one talked about gifts; Qatri letter, money laundering and Jeddah or Dubai Mills in the hall while worthy judges continuously kept engaged the defendant’s counsel as usual. Then a light moment visited the courtroom when Sheikh Rashid of Awami Muslim League went into deep sleep. He was literally snoring loudly at a time when Makhdoom’s arguments were keeping everybody mum in the court twinkled with beautiful lights.

Ishaq Khan Khakwani of PTI quickly put his hand on his head as saying, “please get up Sheikh Sb.” He was sitting next to him. Then very next moment his cellular phone rang up which created bit disturbance in the courtroom. “Yara Makhdoom dy arguments ny sula dita ay sano,” he whispered into ears of Senator Tanveer Chaudhry of PML-N. His phone was also disturbing many people sitting next to him.

Meanwhile Imran Khan and Jahangir Tareen were discussing how Rana Sanaullah of PML-N threatened the apex court as saying “People will come out of streets if a verdict in Panama Leaks case goes against PML-N.” Imran Khan whispered into Tareen’s ears as saying “it’s a direct threat to judges—one should take notice of it.”

It was the moment when Minister for Capital Administration and Development Division Tariq Fazal Chaudhry was murmuring something into ears of Prime Minister’s Special Assistant on Law and Justice Zafarullah Khan. He appeared to be conveying a sort of special message to Zafarullah Khan as he left the court next moment. He was accompanying with Minister for Defence Khawaja Asif who attended the proceedings for twenty minutes only.

Before aforementioned moments occurred, Mussadik Malik, Spokesperson for Prime Minister Nawaz Sharif, was sharing light moments with MNAs Dr Shireen Mazari and Dr Munaza Hassan. Dr Mazari became popular among SC staffers as she always kept asking courtroom’s guards “please open the door 144” every morning.

Malik was holding a pen with red ink took notes of whole proceedings while State Information Minister Maryam Aurangzeb looked busy with senior journalists during the tea break. Malik also talked to Dr Mazari as saying “you are a lovely lady—sat always in-front of judges.”

Naeem Bokhari, 68, only attended the court for twenty minutes on Thursday where he shared some light moments with Makhdoom, 63, who was standing next to him.

Then Bokhari left the hall without meeting anybody suddenly. During the course of arguments, Premier Sharif’s counsel cited references of some 152 cases of various courts, tribunals and privy councils of some 18 countries including Bangladesh, United States of America, United Kingdom, India and the list goes on.

But he skipped many striking questions of judges about money trail, properties in London and the list goes on.

Makhdoom, who is globally regarded as the preeminent commercial, taxation and constitutional litigator, kept focus on “how to convince judges with his commendable arguments.”

While talking to this correspondent, he also recalled his “very difficult day (Jan 18)” in the Leaks case. “I gave my best to defend The Respondent No 1 [Prime Minister],” Makhdoom said.

The courtroom also witnessed that two brothers—Chaudhry Fawad and Chaudhry Faisal—were perhaps the only source of guidance as Naeem Bokhari, after concluding his arguments, scarcely attended the proceedings. Many occasions came in the courtroom since last week where PTI need his services but he was not available to his assistants.

“By and large Makhdoom did well—his case seemed to be well prepared,” a senior lawyer of the apex court murmured into this correspondent’s ears who was hanging on right shoulder of a chair occupied by a journalist. Maleeka Bokhari, assistant to Naeem Bokhari, was quietly taking notes as she did always.

Then another moment came over there when Justice Azmat Saeed apparently stretched himself out for a minute, while Justice Khosa and Justice Gulzar Hussain were sharing some notes with each other. Bit worried Fawad Chaudhry of PTI continued explaining legal complications before Tareen and Khan as usual. As Makhdoom was about to conclude his arguments, this correspondent witnessed that media teams of PTI and PML-N were planning, “how to deal with media outside the premises of Supreme Court.”

During the proceedings, Khakwani kept telling Sheikh Rashid what way the case of Leaks was going. “I’m planning to hire Senator Aitzaz Ahsan for Panama case,” Sheikh Rashid told this correspondent. JI Ameer Siraj-ul-Haq remained silent and kept rolling ‘tasbih’ in the courtroom. Then clock stroke 1pm and everybody left the court till today 9:30am where Tausif Asif, Counsel for JI, and Tariq Asad Advocate will resume his arguments.