Panama Papers case
ISLAMABAD: The new Supreme Court bench formed by just sworn-in Chief Justice Mian Saqib Nisar to hear petitions against Prime Minister Nawaz Sharif and his children on account of offshore companies will open proceedings on the matter anew.
“This panel became a new bench because of induction of two judges, replacement of one of its members and retirement of another justice,” prominent lawyer Barrister Omar Sajjad explained to The News.
In his opinion, the proceedings will be held totally afresh as the newly inducted judges will also want to know the entire case, the assertions made by all the parties and the documents produced by them before the previous bench. Even if just one member is added or replaced with another justice, the panel stands dissolved and have to launch proceedings from the very beginning.
While some had erroneously presented the task of formation of the bench or continuing with the old one by the new chief justice as a big challenge to him in view of the political high profile of the petitions, the top judge took no time to constitute the panel. He formed it moments after his swearing-in as the chief justice of Pakistan and made it public. This was perhaps his first decision after his oath-taking, which also reflected the pace he will follow during his incumbency.
The new bench was necessitated by the retirement of Anwar Zaheer Jamali, who had headed the defunct panel, as the chief justice. Justice Saqib Nisar kept the strength of the new bench as that of the previous one by having five judges in it. While Justice Ijaz Afzal and Justice Gulzar Ahmed were included in it, Justice Amir Hani Muslim, who retires on April 1, 2017, was detached from it.
Following Justice Muslim’s superannuation, Justice Ejaz Afzal, who will retire on May 8, 2018, will become the senior most judge after the present chief justice.
Justice Asif Saeed Khosa, who is now the senior most judge after Justice Saqib Nisar, will head the new bench. Justice Sheikh Azmat Saeed and Justice Ijazul Ahsan, who figured in the earlier panel, have been retained in the new bench.
“The formation of benches is the discretion of the chief justice. It is up to him either to head a panel himself or designate some other judge to perform this job,” Omar Sajjad said, and added that there would have been no need of fresh proceedings altogether, had the previous bench been retained.
On December 9, the former bench deferred proceedings to the first week of January after the Pakistan Tehreek-e-Insaf (PTI) threatened to boycott a judicial commission the panel had suggested to establish for a thorough investigation.
Its head had stated that since he was retiring on Dec 30, he would not be part of any bench after his full court reference in mid-December. “Proceedings of the case will be held anew," its order said.
On the other hand, the PTI lawyer stated that they have made their case, the court should give its verdict on it. “If we are not able to make a good case, the decision should be given according to law,” he said adding that this decision would be historic.
It was remarked by the judges more than once during proceedings that they have not been provided evidence and documentary proofs from either side enabling them to reach a conclusive judgment. Justice Anwar Zaheer Jamali had said that in cases which pertain to public interest, a heavy responsibility is on the court. “The court does not want any aggrieved party to claim that it was not heard by the apex court. One party said that it would support the commission, the other protested against it. If we deem the documents submitted as authentic, the aggrieved party would say it was not heard properly.”
As usual PTI Chairman Imran Khan is frustrated with Anwar Zaheer Jamali’s decision. “I am repeating it again; I was disappointed with Justice (retd) Jamali's decision. He should have conducted the proceedings of the case rather than going on holidays because justice cannot wait.”
On the contrary, he had expressed complete confidence in him before and after the formation of the bench. Not only that, he had insisted that the panel should be presided over by the chief justice.
In the case of the judicial commission chaired by former Justice Nasirul Mulk on charges of rigging in the 2013 general elections, Imran Khan had shown total trust in him, but when the forum had trashed his allegations, he had spoken against the top judge in the same vein that has been witnessed now.
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