Aitzaz responds to the case made by govt

Asks why PM is getting cold feet after offering himself for accountability; says PM presented himself and family for accountability but panicked when opposition put him first

ISLAMABAD: Responding to the case made by the government ministers against the opposition ToRs, senior PPP leader Barrister Aitzaz Ahsan says the opposition’s ToRs are absolutely the same for the prime minister and all others and the only difference is that the PM comes first.

In a response, Aitzaz addressed point-wise the case presented by Interior Minister Chaudhry Nisar and Zahid Hamid during a press conference on Wednesday.Aitzaz’s response reads: “Brief responses to government’s case as presented in press conference of interior and law ministers:

1- Nisar and Zahid Hamid said: “PM singled out by opposition ToRs”.

i) PM has himself been boasting that he has presented himself and his family for accountability. Why panic if opposition puts him first?

ii) The buck stops with the PM.

iii) The opposition ToRs make no difference between the PM and the others named. All of them required to make the same disclosures. Only the PM comes first. He himself asked for it.

2- Nisar and Zahid said:

“Opposition ToRs are unconstitutional because they put burden of proof on the accused”.

But the fact is that in all corruption inquiries universally, after a property has been proved, or admitted to belong to the accused, it is always for him to prove that it was procured through legitimate means and resources. That burden is on him. This is universally so, even under the 1997 Act made by Nawaz Sharif himself. The same is also accepted by the Supreme Court in the Asfandyar Wali Case.

3- Nisar and Zahid said: “Opposition ToRs are unconstitutional because they will apply retrospectively”.

But all corruption laws must apply retrospectively because they are promulgated to address prevailing corruption. Same is true even in case of 1997 law made by the PML-N. In fact, the NAB Ordinance, which has been accepted by PML-N as it has not amended it despite having 2/3 majority, applies since 1985. Also the Supreme Court upheld it in Asfandyar Wali’s case.

All opposition ToRs say is that all named persons must declare year wise their assets and income tax. Why should PM have any hesitation in doing so with all the rest?

4- Nisar and Zahid Hamid said: “Opposition ToRs restricted to PANAMA Papers alone and opposition wants to protect bank defaulters and other corrupt elements”: But Panama Leaks disclose a special genus of crime: cross jurisdictional.  Special law and expertise is required. For all other offenses there are all manners of laws and agencies, FIA, NAB, FBR at the disposal of the government. Why does it not take action? Opposition is not stopping it. This is such a ‘langra bahana’ (lame excuse).

5- Nisar and Zahid said: “PM not named in Panama Papers, so why is he the subject of opposition inquiry?”

i) PM himself offered himself for accountability. Now having cold feet?

ii) Opposition ToRs include “spouses, parents, children, grandchildren” of all respondents named in Panama Papers. Who keeps offshore assets just in his own name? Hence if Hussain Nawaz is named (and admits), the PM also falls in category like all others named. No discrimination.

iii) Nisar himself, in 2012 interview, admitted PM owned the Mayfair Apartments for last 18 years in line with allegations that PM purchased these properties in 1993-4.

iv) Kulsum Nawaz admitted in interview with Guardian in 2000 that these properties were bought by NS for children’s education.

6- Nisar and Zahid said: “Those who evade taxes are making maximum noise”:

But PM himself paid zero income tax during 1994-96 just at the time when, according to his interior minister, he was purchasing this highly valuable estate.

7- Nisar and Zahid said: “Opposition dictating Supreme Court”.

How? If anyone wants to over awe the Supreme Court it is always PML-N. Opposition wants CJP to head Commission but not with ToRs formulated by the accused himself.

8- Nisar and Zahid also said: “Opposition has mala fide intent as they do not want to fight corruption. Only wants to nail the PM”.

But the PM in first address to the nation himself (rightly) said that anyone who has ‘najaiz’ (ill-gotten) wealth does not keep it in his own name. Of course. That is why the curtains and ‘veils’ of offshore companies: Nielson, Nescoll, Minerva, Corporate Holdings, etc, have been used by PM and his kids.

9- The only opposition ToR which is exclusive to the PM is the one about his status as a state guest in Saudi Arabia after a deal between him and the governments of Pakistan and Saudi Arabia. As a state guest neither him nor those that went voluntarily with him, had a special status. They volunteered to remain in the ‘Pak custody’ even there and were not allowed out of Saudi Arabia without consent of Musharraf regime. All gifts and funds received by them as such ‘prisoners’ should be forfeit to Pakistani govt.