Live from Courtroom No2

PanamaLeaks Case

ISLAMABAD: It was a chilly morning with a bit layer of fog when the top court of the country witnessed a minor scuffle between senior lawyers and some politicians at its main entry gate.

Perhaps it happened a few minutes ago when over 500 to 600 people were rushing to the Courtroom No 2 at a time where worthy judges already got seven minutes late before they took their seats. A five-member bench was hearing a landmark case of the PanamaLeaks in the Supreme Court which was covered with clouds in Islamabad.

Tuesday’s morning witnessed best looking Makhdoom Ali Khan prolonging his arguments in the courtroom where Article 66 of the Constitution remained the best legal tool for his client (PM Sharif). “Circumstances are beyond my control — credentials of my client keep me engaging until I satisfy to my Lordship,” Mr Makhdoom responded to Justice Asif Saeed Khosa, who was heading this bench.

Defence Counsel’s arguments ranged from Pakistan to the United States in the completely packed courtroom where Articles 62 (1) (f) and 66 of the Constitution remained in focus. He put citations of over 44 judgments of various cases which described that his client enjoys “absolute privilege” under Article 66. Around a dozen admissible evidence related to this case were discussed before he started his arguments on the alleged tax evasion links to possible disqualification of his client.

Pensive looking Imran Khan was very happy to hear Mr Makhdoom’s well-articulated arguments where he also passed some slight observations accordingly. Then a moment came when the top leadership of Pakistan Tehreek-e-Insaf was perplexed, even a journalist proved a savior for them before they met an embarrassment. Imran Khan was about to stand up in the court 'why a deputy attorney general of Pakistan was facilitating Prime Minister’s counsel. Basically, PTI leadership was confused after Sheikh Rashid of Awami Muslim League revealed that the young barrister who came to assist Mr Makhdoom was a government’s prosecutor. But Shah Mahmood Qureshi and Mr Tareen asked Mr Khan to point this issue outside the court. But letter confusion was over after journalists told PTI leadership about the young barrister's credentials in the courtroom.

Mr Makhdoom received volley of questions on issue of Article 66 where he was seeking relief for his client. Once at that stage, Imran Khan whispered into Jehangir Tareen’s ears that 'how one lie makes ten other necessary.'

Then on slightly dry (serious points adorned with various case studies) arguments and citations of Mr Makhdoom, Imran Khan said, “PM’s counsel is teaching us the whole Constitution of 1973. Then there came a tea break as it was due and everybody was waiting for it. People praised 'special pakuras' of the Supreme Court only but this correspondent witnessed that the canteen's condition was so hygienic.

Soon after tea break was over, Pakistan Muslim League-Nawaz’s legislators headed by Defence Minister Khawaja Asif and Railways Minister Khawaja Saad Rafiq took the seats. They all were closely witnessing the proceedings of the court where Mussadik Malik, Prime Minister’s Special Assistant, was taking notes. Attorney General Ashtar Ausaf Ali and Mr Malik are the only persons who used to meet leaders of PTI in the courtroom from time to time.

It was MNA Danyial Aziz who clapped in the courtroom soon after Justice Khosa responded to Mr Makhdoom’s arguments on tax evasion. Makhdoom argued that proceedings of alleged tax evasion against his client under the current income tax laws could not be preceded. Before pleading a case against him they will have to review the tax laws, he argued.

In his 14-hour long arguments, Mr Makhdoom focused on two contradictory speeches of prime minister — one on the floor of the National Assembly and then an address to the nation on television. On one hand, PM’s counsel stood by his stance that “there was no contradictions in his client speeches while on the other side, he took shelter of existing laws which give immunity to his client from any court's proceedings based on his speech delivered on floor of Parliament.

This was the time when PTI top leadership was amusing the people sitting next to them in the courtroom with their light whispers. Naeem Bokhari, counsel for PTI spent only 30 minutes in the courtroom while his assistant Maleeka Bokhari was 90 minutes late on Tuesday. After taking her seat she handed over a long list of judgments citing disqualification of various members of Parliament in different countries to Imran Khan. He distributed it to other colleagues of PTI accordingly.

Then it was Mussadik Malik and State Information Minister Marriyum Aurangzeb who were chalking media strategy where Mr Malik kept sharing light moments with PTI leaders, MNA Dr Shireen Mazari in particular. Decent looking MNA Shafqat Mahmood was witnessing course of arguments engaging other PTI leaders in the courtroom.

Then a pleasant moment came when PTI MNA Asad Umar said, “Mr Makhdoom is only PM’s counsel. But he is our voter.” Sitting next to Ishaq Khakwani, he was planning for dinner being hosted in his honour by his voters in Islamabad.

A PTI tigress was napping when Mr Makhdoom kept judges engaged in reading various case studies during the course of proceedings. Judges listened to him carefully but questioned his stance times and again.

It was the time when Imran Khan whispered in Dr Mazari’s ears that “lying on the floor of the Parliament is a bigger crime than the Leaks happened in Panama.” Soon after it Dr Mazari murmured in surprise how Defence Minister Khawaja Asif got the seat in the courtroom as he was too late. “Actually, it was a guy from special branch, who occupied seat for Khawaja Asif,” she whispered in this correspondent’s ears.

Then a delightful moment visited the slightly suffocated hall of the court adorned with beautiful lights and books when Imran Khan was smiling on Makhdoom’s arguments based on orders given by the courts in the United States. Mr Makhdoom was citing these arguments in support of his client that he was enjoying “absolute privilege” under the existing Pakistani laws.

“If PanamaLeaks revelations had surfaced in the US, its president would have resigned and I'm sure. Moral authority is vital tool for the politicians over there,” Khan commented while sitting 8-feet away from the rostrum.

Perhaps with murmurs and whispers his assistant Saad Hashmi was feeling disturbed. He kept gazing on PTI leadership from time to time but his mood was pleasant. Then it was the time when clock struck 1:00pm and worthy judges prorogued the proceedings for 9:30am today.