PTI evidence may not be acceptable in court, says lawyer

ISLAMABAD: The documentary evidence submitted by Pakistan Tehrik-e-Insaf (PTI) negate the party’s own charges.

The much awaited critical evidence as submitted by the PTI before the SC on Monday is neither notarized nor authenticated by any British authority. The fresh documentary evidence submitted by PTI’s legal team before the apex court is a land registry in which it is admitted that these companies Nelson and Nescol are not the parties in the London High Court proceedings.

However the documents submitted by the PTI say there are allegations that the three defendants i.e. Mian Muhammad Shahbaz Sharif, Mian Muhammad Sharif and Mian Muhammad Abbas Sharif are the beneficial owners of these properties.

As per the new evidence submitted by the PTI before the apex court, there is no mention of Prime Minister or his family. The three names mentioned in the documents, two of them have died whereas the one who is alive, PTI has not made him the party in Panama Papers case.

The document of land registry submitted by the legal team of PTI reads, “It is solemnly and sincerely declares that they are interested in the land referred to in the forgoing caution as a charging order no.

Jan 1998-1999 has been ordered against the properties on January 1998-1999 in the high court and justice under action No 1998-1999 between the cautioner and Hudabiya Paper Mills, 2) Mian Muhammad Shahbaz Sharif, 3) Mian Muhammad Sharif, 4) Mian Muhammad Abbas Sharif. The registered properties are not parties to the proceedings. But they are alleged to be vehicles for the second, third and fourth defendants who are true beneficial owners”.

It is pertinent to mention here that the PTI was long planning to bring the copy of London High Court’s verdict against the Sharif’s family. According to PTI’s legal team, the London High Court’s 1999 decision in the Al-Towfeek Investment Fund case was most convincing and irrefutable documentary evidence against the PM.

However the PTI in its petition had prayed that the four flats of Park lane area London are the properties of Prime Minister Nawaz Sharif and his family. However, even if the court considers this document submitted by the PTI but it has no mention of Prime Minister or his kids anywhere.

The Supreme Court’s larger bench during the hearing of Panama Papers case already has raised questions whether London High Court bench’s verdict on Al-Towfeek could be presented as evidence against the Prime Minister or not.

Justice Asif Saeed Khosa while going through this judgment of London High Court asked the counsel for PTI Hamid Khan on November 03, where is Maryam Nawaz Sharif’s name in the judgment? It is also important to mention that neither the judgment is reported in any law book or periodical nor its certified copy is annexed with any petition.

Talking to The News, senior advocate Supreme Court Salman Akram Raja said the documents presented by the PTI’s legal team may not be considered a final evidence as it is not notarised by any competent authority. However it could help as a tool for PTI to gain some time for further investigation into the matter.

“What I have understand from this document of PTI, it says that Nelson and Nescoll are not the parties in Al-Tawfeek case. However there is an allegation in this document that the three defendants, i.e. Mian Muhammad Shabaz Sharif, Mian Muhammad Sharif and Mian Muhammad Abbas Sharif are the parties in this case,” commented Raja Salman.