JI chief moves SC seeking inquiry into PanamaLeaks

ISLAMABAD: The Jamaat-e-Islami (JI) on Tuesday filed a constitutional petition with the Supreme Court (SC) praying for directing the Federation to initiate an inquiry into the PanamaLeaks involving Pakistani politicians, businessmen and government entities by establishing offshore companies.

The petition was filed by JI Ameer Sirajul Haq under Article 184(3) of the Constitution without mentioning the name of any politician or businessman, alleged to be involved in establishing offshore companies. He prayed to the apex court to issue directions for initiating an inquiry into the PanamaLeaks.

The JI Ameer submitted that a large number of persons, of whom many are holders of public offices, were also allegedly involved in the commission of said offences adding that they had not mentioned in their assets details about their investments through offshore companies, so all such holders of public offices were liable to be disqualified from their offices and also be punished accordingly.

Instead of making any politician or businessman respondent, the petitioner chose to make the Federation of Pakistan, Ministry os Law, Ministry of Finance, Cabinet Division and National Accountability Bureau (NAB) through its chairman as respondents.

In April this year, some 200, and later on 400 more people, figured in the Panama Papers. They included businessmen and politicians from Pakistan, including the members of Premier Nawaz Sharif’s family accused of having set up offshore companies in the tax havens.

In response to the government’s request for the formation of a commission to probe the Panama Papers, the Supreme Court conveyed to the government that without proper legislation, the commission under the current Terms of Reference (ToRs) would be toothless. On May 13, Chief Justice (CJ) of Pakistan Justice Anwar Zaheer Jamali suggested to the government to make proper laws for the formation of a powerful commission pointing out that any commission formed under the Pakistan Commission of Inquiry Act 1956 would be toothless, which would serve no purpose, except giving a bad name to it.

The CJ had further pointed out that the ToRs incorporated in the notification for the formation of commission were so wide and open ended that, prima facie, it might take years together for the commission to conclude its proceedings.

The petitioner recalled that despite the fact that the apex court demanded on May 16, 2016, a list of owners of the said offshore companies and the details of individuals, families, groups, companies etc, which were required by the “Commission of Inquiry”, the respondent government deliberately did not provide the list. It however announced a joint committee with members both from treasury and opposition benches.

“It is regretted that the respondents are deliberately delaying and avoiding any proceedings of inquiry into the alleged corruption leaks, which is resulting in failure of recovery of public money from abroad and hence the country is facing serious financial hardships”, the JI Ameer submitted.

He said that the opposition as well as other bodies of the country had given their input regarding settlement of ToRs for the said purpose, which did not restrict proceedings only to the extent of inquiry, but also included trial.

He submitted it seemed that the respondent NAB was not initiating any action or inquiry/investigation under the provisions of NAO, 1999, despite the fact that eradicationdespite the fact that eradication of corruption was the sole purpose of the NAB. Since April, 2016, the NAB has not taken cognizance of the matter, whereas u/s 18 of the NAO, 1999, the respondent No 5 has the authority to take suo moto action against all matters of corruption and corrupt practices committed. Sirajul Haq said there had allegedly been matters of corruption and corrupt practices of magnitude of trillions of Pak rupees of the public money, but NAB has not initiated action/inquiry even in a single case as narrated in the media. 

The petitioner submitted that corruption and corrupt practices, have allegedly been committed by owners of the said “off-shore companies”, who are holders of public offices in Pakistan, and are in opposition parties. The political and financial condition of the country requires that the said looted money should be brought back by initiating legal action under the law of the land and the non-action of the government functionaries/agencies, who are responsible to take action over the instant matters of corruption and corrupt practices is against the Constitution of the Islamic Republic of Pakistan and laws of the land and therefore requires indulgence of this August Court 

That the national wealth, which was illegally transferred to establish the “Off-Shore Companies”, is an offence under the section 9 of NAO and NAB authorities has power to take cognizance of the said offence. The provisions of NAO, 1999 also gives NAB power to take up the matters of corruption and Corrupt practices at the international level. It is also in line with the requirement of United Nations Convention Against Corruption (UNCAC) to which Pakistan is also one of the signatories, the petitioner said 

He contended that the owners of the off-shore companies had illegally, without bringing into the knowledge of the State, transferred & invested public money from Pakistan abroad, to establish their “Off-Shore Companies” on the basis of illegal and corrupt money. 

The public money has been allegedly usurped through corruption, corrupt practices and kickbacks. Therefore, the matter in hand requires emergent indulgence of this August Court, Siarj-ul Haq submitted 

He contended that immediate arrest of the culprits and a stern action to recover and bringing the money back to country would be in the general interest of the public prosperity and progress of the people of Pakistan. 

He prayed to the court that in view of the these submissions, the respondents be directed to initiate inquiry/investigation followed by trial proceedings under the laws of Pakistan and resultantly a direction be issued to them to arrest the culprits and to recover and bring the public money back to Pakistan, which was illegally transferred from Pakistan to some other country. 

Later while talking to media, Siraj-ul-Haq said the whole nation knows as to who had looted the nation’s wealth and got loans written off. He added: “We will chase all those even if they are retired generals, politicians or businessmen.”

JI Ameer was bitterly critical of those who got their loans written off. He said those who looted the country for years and will continue to loot the next generation as well, are living like Moghul princes.

He said that to divide the opposition on this burning issue is tantamount to abetting corruption. He further said that the opposition parties and their leaders too should present themselves for accountability, be it Imran Khan or Asif Ali Zardari.