Live from Courtroom No2

PanamaLeaks Case

ISLAMABAD: It is all about key moments in PanamaLeaks case. Two came through Makhdoom Ali Khan, counsel for Prime Minister Nawaz Sharif and the rest was allied to Imran Khan.

First moment linked to the late MNA Dr Sher Afghan who under Article 62, 63 of the Constitution had sought Imran Khan’s disqualification in 2007, citing judgment of an American court associated with daughter of Sita White in California. Interestingly, Mr Afghan’s son is representing Pakistan Tehreek-e-Insaf in the present National Assembly. Mr Makhdoom, in his nine-hour long arguments put references of 37 cases of the apex court, superior courts and tribunals, citing references of around a dozen case-studies, ranging from Pakistan, India, Bangladesh and New Zealand in support of his client in the Leaks' case.

Then there came a brief moment when Jehangir Tareen sitting next to Imran Khan perhaps could not understand what Sher Afghan's reference was about. Then it was Imran Khan who told him in the Courtroom No 2 that “[it was about] Sita White’s case."

Before these moments, the apex court had witnessed a very important minute when Mr Makhdoom had citied a reference of a judgment authored by Justice Asif Saeed Khosa who observed in one of SC’s judgment, “Clauses of Article 62, if applied strictly, are probably incorporated in the Constitution to ensure that only the pure and pious Muslims (living up to the standard of a prophet of God Almighty) should be elected to our assemblies so that as to provided in the preamble, the sovereignty of God Almighty could be exercised by them in the state of Pakistan as a sacred trust.”

Monday’s proceedings started with usual pleasant scenes when this correspondent witnessed a large number of security personnel who were grilling many visitors on the entry-gates. Around four dozen legislators, journalists and lawyers were waiting outside the small door of the courtroom, an hour before the proceedings started.

With cloudy weather out, many were hoping that the prime minister’s counsel would conclude his arguments on 4th consecutive day. But he would keep engaged the worthy judges the whole day today (Tuesday).

Before the tea break approached, there was silence everywhere in the court except Makhdoom Ali Khan’s clear voice and proliferation of whispers executed by PTI leaders as well as legislators of PML-N. Pensive looking leaders of PML-N, Chairman Privatisation Commission Muhammad Zubair, Prime Minister’s Special Assistant Mussadik Malik and State Information Minister Marriyum Aurangzeb were sharing their thoughts on the course of arguments in the courtroom.

But Imran Khan of PTI and Jehangir Tareen continued their whispers; perhaps they were sharing their stance too on Mr Makhdoom’ observations. Both PTI and PML-N made their media strategies in the hall.

When Makhdoom told worthy judges that he would cite some references from Indian courts’ judgments as well, it was Imran Khan who whispered in Jehangir Tareen’s ears as saying, “I thought Makhdoom is going to tell that he was boring us.” Imran Khan looked happy while saying, “How Sharifs were hiding their corruption — now even PM Sharif want relief under Article 66.”

Then a moment came when cellular phone of Senator Chaudhry Tanveer kept disturbed Sheikh Rashid of Awami Muslim League who was sitting next to him. But this correspondent witnessed many PML-N legislators were using cell phone in the courtroom. Carrying cell phones is prohibited over there. When this correspondent asked Marriyum Aurangzeb to take chair installed straight behind Imran Khan's she refused as saying, “I’m not sitting behind Imran.”

She kept smiling while hearing whispers among Shah Mahmood Qureshi, Imran Khan, Jehangir Tareen and other PTI leaders sitting around her before the tea break. When a PTI MNA asked colleagues to stop whispering as journalists were keeping an eye on them, a PML-N’s minister (name withheld) bluntly wrote, “they all are nuts” on a notebook of this correspondent.

It was the moment when Fawad Chaudhry of PTI handed over a key note to Imran Khan which concluded: “They [respondents] are shying away from the facts -- hiding themselves under Article 66 and technicalities.” With smiling faces, Faisal Chaudhry and Fawad Chaudhry kept facilitating PTI leaders in the courtroom. Then it was Sheikh Rashid who whispered in Shah Mahmood Qureshi’s ears, “aj tan Mian da Wakeel bor ei kar raha ay.”

Again Fawad Chaudhry who was sitting on right shoulder of Barrister Maleeka Bokhari’s chair again visited PTI top leadership just to share his notes with them. It was Senator Azam Khan Swati of PTI who twice shared his special notes with Dr Shireen who regularly kept sharing her views with PTI chairman. Mr Swati looked always sober over there. As three-hour long proceedings continued in a bit dry environment as Makhdoom was limiting him in ambit of the Constitution, perhaps the beauty of his arguments. Journalists started whispering in one another’s ears perhaps they were expecting some catchy remarks from the worthy judges. As clock struck 12:00pm in the completely packed courtroom, this correspondent witnessed that Premier Sharif’s counsel received striking questions from the judges. Justice Asif Saeed Khosa, who is heading this bench, observed once it would be a historic case as the apex court was examining into Premier Sharif’s speech delivered on floor of the National Assembly. Justice Azmat Saeed observed that the judges would not let Mr Makhdoom until he answered their questions.

Then another moment came when Marriyum Aurangzeb was seeking guidance of Mussadik Malik on “how to deal with media outside the courtroom.” Then Mussadik Malik, Muhammad Zubair and Ms Aurangzeb made their Monday’s media strategy while sitting in second row of chairs installed behind left handed Salman Akram Raja, counsel for Hassan Nawaz and Hussain Nawaz. Bit tired looking Attorney General Ashtar Ausaf Ali and Shahid Hamid were leaning on his chair while PTI chairman was doing ‘tasbih’ when judges were keeping engaged Mr Makhdoom who also cited two unnecessary judgments too. But it was Naeem Bokhari, the lead counsel for PTI, remained quiet except for a moment when Mr Imran Khan visited him for 30 seconds during the course of whole proceedings.

Ishaq Khan Khakwani silently took notes of all arguments when Dr Shireen Mazari was reading a small booklet of the Constitution of Pakistan. No one interrupted Mr Makhdoom except Tausif Asif of Jamaat-e-Islami who complained judges that JI's counsel did not receive any citation from the lawyers of the respondents. JI Ameer Sirajul Haq did not talk to anyone in the courtroom. Mr Makhdoom will argue on money trail through which London flats were purchased, issues of dependency of Maryam Nawaz and tax evasion today.