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January 12, 2017

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Time of properties’ purchase yet to be established: SC

Time of properties’ purchase yet to be established: SC

 PTI says Nawaz bought flats in Maryam’s name;
Justice Khosa says court can’t review someone’s entire life

ISLAMABAD: The Supreme Court (SC) on Wednesday observed that it is yet to be established as to when the properties were purchased and refused to implead any member of the Sharif family in the Panama issue who were earlier not made respondents by the PTI.

A five-member larger bench of the apex court headed by Justice Asif Saeed Khan Khosa resumed hearing in the petitions, filed by PTI, Jamaaat-e-Islami and Awami Muslim League seeking probe into the PanamaLeaks case.

During the course of hearing, Justice Khosa said they could not review someone’s entire life. Makhdoom Ali Khan, the new counsel for Prime Minister Mian Muhammad Nawaz Sharif, commenced his arguments on Thursday after PTI counsel Naeem Bukhari completed his.

The learned counsel submitted that as the name of Prime Minister was not in the PanamaLeaks; hence, he would mostly rely in his arguments on specific basic things. Justice Asif Saeed Khan Khosa asked the learned counsel that apart from relying on basic things, he should also assist the court in matters prior to 2006 as well.

Makhdom Ali Khan contended that on the one hand, the PTI took Abbass Sharif, Shahbaz Sharif and Tariq Shafi as the one family while on the other the documents regarding the persons, produced before the court with their signatures, were not made as respondents in the petition as well.

Justice Ejaz Afzal Khan told the learned counsel that PTI counsel had requested the court to issue notice to Mian Shahbaz Sharif but he did not file an application in this regard.

Makhdom Ali Khan replied that the PTI counsel intentionally avoided to file an application in this regard and left it to the court. Now, only the court can implead them as party in the instant matter but for this the court will have to start again from the beginning.

The court ruled that no one will be made party who were not earlier made respondents in the matter in hand.

Makhdom Ali Khan submitted that PTI chairman Imran Khan requested disqualification of PM Nawaz Sharif, Finance Minister Ishaq Dar and PM’s son-in-law Captain (R) Safdar. 

The second plea, he said, was to recover looted money, laundered money and the property. “It’s a general kind of plea and the third plea is to order National Accountability Bureau (NAB) to complete corruption cases’ investigations which has got nothing to do with PM, again,” he said. 

He further contended that the PTI had also asked the court to restrict the movement of PM’s children abroad. However, they didn’t give any arguments on this point. He said that if a point is not stressed, it dies automatically according to the law.

Earlier concluding his arguments, PTI counsel Naeem Bukhari contended that Sharif family was required to establish that all the transactions about their business in UAE, Jeddah and ownership of Mayfair properties in London were legitimate.

He said that Nawayz Sharif bought flats in the name of his daughter Maryam. He said as there is contradiction in the statements of Prime Minister Nawaz Sharif and his children, the court should disqualify the premier.

He submitted that Maryam Nawaz, daughter of Nawaz Sharif, remained dependent on her father in past and even after marriage as her spouse does not have any source of income. 

At this, Justice Ejaz Afzal Khan observed that no person can be declared dependent mere on the basis of receiving gifts from his guardian. 

Meanwhile, Sheikh Rashid, head of the Awami Muslim League (AML), one of the petitioners in the matter, advanced argument with a plenty of judgments citation of Privy Council of the United Kingdom to prove that Qatri prince’s letter is based on hearsay which could not be considered as admissible evidence in the current matter.

He said that National Accountability Bureau failed to file appeal against the Lahore High Court judgment which stopped the Bureau from reinvestigation of the Hudabiya Paper Mills (HPML) case where incumbent Federal Finance Minister Ishaq Dar had admitted money laundering for Sharif family.

“Had the NAB filed an appeal against the High Court verdict in the HPML then we would have not come before the Supreme Court in PanamaLeaks matter,” Rashid said 

He requested the court to issue directives for re-investigation in the HPML case adding that he witnessed that a large number of people were executed on the basis of statement recorded under Code of Criminal Procedure (CrPC)’ Section 164 but no action had been taken in HPML case.

Meanwhile, the court also gave time to Jamaat Islami either to make amendment in its petition or to file a fresh petition in the matter in hand.

Jamaat Islami filed a CMA in its in main petition the other day, praying the court to summon Prime Minister to clarify his contradictory statements given on the floor of the house and in his address before the nation.

The court on Thursday during the proceedings observed that JI has not made Nawaz as respondent in the petition. The JI then requested the court to grant permission for amendment in the plea which the court granted. Later, the court adjourned the hearing till today (Thursday) while Makdom Ali Khan will continue his arguments.

 

 

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