PanamaLeaks Case: Live From Courtroom No II  

ISLAMABAD: He amused the audience with his apparently ‘meandering arguments’ in the Courtroom No 2 on Friday. He continuously kept entertaining hundreds of journalists, politicians, legislators and policemen time and again until one of worthy judges asked him to "be extra responsible for putting arguments before the Lordship.”

Yes, it was Taufiq Asif who was representing Jamaat-e-Islami (JI) in the PanamaLeaks case in Supreme Court of Pakistan. It was 22nd hearing concluded into this landmark case. But he seemingly failed to live up to expectations of his client. One could see gloomy faces of JI Ameer Siraj-ul-Haq who was sitting next to decent looking Ishaq Khan Khakwani of Pakistan Tehreek-e-Insaf.

Many moments came when Mr Asif first withdrew his arguments but later requested five-member-judge bench to adopt them (arguments). It was like a ‘back-to-square-one- situation.’ “Gap shap se kam nahi chaly ga—koi kam ki bat krain,” asked Justice Azmat Saeed who has posed maximum 109 questions to the counsels of both parties since the case was first taken up by the apex court.

From 9:30am to 10:05am, no one, perhaps judges too (with due respect) could not understand what exactly JI’s prayer was as the religious political party's counsel was mixing issues of "immunity" and "absolute privilege" with each other. Perplexity continued until Mr Asif told the court that Prime Minister Nawaz Sharif’s speech according to his opinion was an admission of facts revealed in the Panama papers. But judges categorically threw out his arguments as observing, “we don’t see any admission in PM's Speech [in which he said this is my property]—if it is true then where is your formation, Mr Counsel?”

This correspondent also noted that the ‘PM Speech’ was read over 75 times by worthy judges, petitioners & respondents in collectively past 22 hearings while ‘Qatri Letter’ was recalled over 81 times in the Leaks case. Audience kept whispering on poor formation of the arguing counsel, even a PTI leader murmured into ears of another colleague as saying that “2 lak main itny hi pokory milty hain.”

The JI’s counsel is weakening our case too; the leader kept engaging his colleagues all the time. The petitioners and respondents have argued for 58 long hours in the court on this issue which also witnessed leading journalists conducting 'Live Facebook Show' in its lawn. The defendant counsels argued for 22 hours while the rest of the time was consumed by the petitioners’ lawyers in this weeks' long exercise.

Legal team of the Sharifs and Pakistan Muslim League-Nawaz’s legislators looked happy; perhaps it was a good day for them in the courtroom which was completely packed with some 300 hundreds of visitors. Despite judges gave a morsel to Mr Asif by pointing out issue of 'conflict of interest' involving PM Sharif's office, he could not pick up their point to establish his arguments.

As JI’s counsel continued disappointing PTI top leadership too apparently in the courtroom, it was Sheikh Rashid of Awami Muslim League who started whispering into ears of Imran Khan as saying “yara Jamaat waly koi dhang da ey wakeel kar lendy.”

Sheikh Rashid continued his murmurs while JI Ameer via Ishaq Khakwani handed over a special written note to him. During 90 minutes proceedings, JI Ameer continued to write the name of God Almighty “Ya Qayum” on his small notebook where he filled out four pages. The JI top leadership did not see a sign of relief until the learned counsel pointed out that PM Sharif had violated his oath. It was an important moment where judges heard his arguments. Then the counsel started citing judgments of various cases in support of his arguments.

This correspondent witnessed Makhdoom Ali Khan, counsel for Premier Sharif, was noting proceedings of the hearing accordingly. Mr Makhdoom cited references of 152 cases of various courts, even some of his citations were taken from 18 other countries. During the course of arguments there came numerous moments when judges were sharing light notes with the audience. Even at one stage a leader of PTI suggested to JI top leadership to change its lawyer who might plead this case in better way on Monday.

But it was mere a suggestion being floated in the courtroom where many people were hanging over shoulders of beautiful chairs installed on floor of the hall. The small hall also witnessed hundreds of people who could not find the chairs. Again issue of conflict of interest repeated by the learned counsel where the bench was of the view that “until conflict of interest was established—mere allegations of the premier’s involvement in business would not take the petitioner anywhere.”

Breaking trail of arguments kept amusing the audience who were hoping that JI’s lawyer would touch striking questions shifting burden of proof on the respondents, perhaps something more solid in the line to go. But he could not make any headway except to prolong his arguments. Imran Khan of PTI looked not happy with the arguments being presented before the court on Friday. But one thing he whispered about the Sharifs as saying "now the word corruption, dishonesty, sagacity, etc remained alive in their [Sharifs'] vocabulary.” Prime Minister’s spokesperson Mussadik Malik was taking notes of proceedings when MNA Danial Aziz was looking for a vacant chair. It was mere a second coincidence when State Minister for Information was sitting next to Imran Khan. But she looked serious all the time in the Courtroom No 2 which did not witness Attorney General Ashtar Ausaf since Thursday.

Wearing a black long shirt, Taufiq Asif seemed nervous on the rostrum at a time judges were questioning him about his actual prayer. Naeem Bokhari, PTI’s lead counsel was again missing in the courtroom which has been witnessing three jolly persons—MNA Dr Shireen Mazari, Naeem Bokhari and Sheikh Rashid—who kept sharing interesting notes with people sitting next to them.

JI Ameer Siraj-ul-Haq is the only person perhaps, if comes early, shared hands with everybody, even with court’s staffers. The PML-N legislators looked busy in forming post-proceedings media strategy. Then clock stroke 11am and it was a time to adjourn the hearing till Monday. But audience did not stop discussing poor performance of JI’s counsel even a couple of lawyers were saying he did not prepare his case well. Mr Asif will continue his arguments on the Leaks’ case on Monday.