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Thursday March 28, 2024

SC seeks record from PM in Panama case

By Sohail Khan
January 19, 2017

Judges observe they are not speaking in Persian, ask counsel to bring financial details; directs Nawaz’s counsel to explain discrepancies in submitted record and statements given outside court; Makhdoom says record has been submitted

ISLAMABAD: The Supreme Court (SC) on Wednesday sought record from Prime Minister Nawaz Sharif pertaining to the money trail as the apex court also sought an explanation from the counsel for the prime minister regarding his contradictory statements as well as the documents submitted before the court.

The SC also sought a complete chart, showing details regarding financial records of transactions between the prime minister and his children. The apex court judges observed that they were not speaking in Persian and directed the PM’s counsel to submit the financial details. The bench directed the PM’s counsel to highlight the discrepancies in the documents submitted in the court and the statements given outside the court.

At this, PM’s counsel Makhdoom Ali Khan said that the record in this regard had already been submitted. A five-member bench of the apex court, headed by Justice Asif Saeed Khan Khosa, resumed hearing into the petitions filed by the PTI, JI, AML seeking probe in the PanamaLeaks as well as disqualifying Prime Minister Mian Muhammad Nawaz Sharif for lying on the floor of parliament.

The court observed that there were discrepancies in the prime minister’s speech in parliament and the documents submitted in the court, hence the learned counsel should give an explanation in this regard. 

Justice Asif Saeed Khosa observed that the speeches delivered by the prime minister on the floor of parliament and before the nation would be examined in detail as he said that the arguments presented in court and the speech delivered by the PM in parliament were different. The court ruled that the learned counsel should give an explanation on the next hearing.

The SC admitted the petition of Jamaat-e-Islami (JI) seeking disqualification of Prime Minister Nawaz Sharif for his contradictory statements on the floor of parliament and before the nation, issued notices to the respondents including the prime minister. The court asked the JI counsel to commence his arguments after conclusion of arguments by Makhdoom Ali Khan. 

In its petition JI alleged that the prime minister had intentionally concealed property owned by him outside Pakistan, particularly in London, as a result he evaded taxes. It had contended that Mian Muhammad Nawaz Sharif was no more Sadiq or Ameen, hence he should be disqualified. 

Meanwhile, Makhdoom Ali Khan continued his arguments and remained focused on the gifts, received by the prime minister from his son, Hussain Nawaz, and the tax filed on the amounts of the said gifts of money as well as the dependency of Maryam Safdar on Nawaz Sharif.

It would be interesting to note that both the parties got jubilant when there were some points in their favour. Wednesday apparently belonged to the PTI when the judges hurled a volley of questions on the counsel for PM pertaining to some 85 kanal agriculture land bought by the prime minister in the name of his daughter Maryam Safdar.

The questions put by the court made both Imran Khan and Jehangir Tareen jubilant, forcing them, to rise up. At the same time, the stalwarts and MNAs belonging to ruling PML-N remained the most jubilant on the previous two hearings whereby Makdoom Ali Khan was stressing on the issue of immunity and later on the privileges enjoyed by the prime minister, concluding that in the light of those he could not be disqualified.

Makhdoom Ali Khan submitted that Maryam Safdar was not dependent on his father. He contended that Hussain Nawaz had given money to the prime minister as a gift, who gave it to Maryam Nawaz who later on bought property with that money.

On a query by Justice Asif Saeed Khan Khosa, Makhdoom Ali Khan submitted that all transactions occurred through a bank and tax was paid on gifts, adding that Hussain Nawaz Sharif’s NTN was attached with the evidence and that his client had not evaded any taxes.

Justice Asif Saeed Khan Khosa observed that one portion of the petitioners’ contention related to money laundering in the current case saying in order to hide black money, there was a practice that an amount was sent abroad and then again sent back to home country. Justice Khosa, however, categorically said that he was not relating the issue of whitening the black money to Nawaz Sharif.

The court inquired about the source of remittances which Hussain Nawaz sent to his father from 2011 to 2014. The court asked the query after Makhdoom Ali Khan said that Nawaz Sharif’s son Hussain sent Rs542 million to his father during the period as gift.

Justice Sheikh Azmat Saeed, another member of the bench, reminded the counsel that as per facts in front of the court, two offshore companies Nescoll and Nelsen could not generate profit of Rs520 million because these companies just bought the Mayfair properties in London.

He said that nothing had been placed before the court about the business from where such profit was received. Makhdoom Ali Khan however replied that Hussain Nawaz had sent the remittances from the profit of his businesses in Jeddah and other countries about which lawyers of Hussain Nawaz could assist the court in detail.

Jsutice Ejaz Afzal Khan, a member of the bench, observed that in the Pakistani society, usually parents give gifts or money to their sons for investing in a business but here in this case sons were sending money to their father.

Justice Sheikh Azmat observed that no documents in this regard were submitted before the court as parties of the case seemed to hide the truth in the matter. “Someday, the truth will come out in the matter because people want to know the truth, hence somebody will have to say the truth as well," Justice Sheikh Azmat Saeed added.

Counsel for the prime minister argued that submitting documents regarding the transactions was not necessary since he had argued that gifts were transferred through the banks, however, he submitted if the court desired, details of the accounts would be provided.

Justice Sheikh Azmat questioned as to what kind of business was there generating substantial amount of profit, adding whether the father had asked from his sons from which business the profit was being generated and gifts were being sent.

Justice Ijazul Ahsan observed that a significant sum of money had been circulating adding that Hussain Nawaz sent remittances to his father as gift of Rs542 million in four years from 2011 to 2014.

Makhdoom Ali Khan replied that an amount of Rs210 million was sent by Hussain Nawaz in 2012 whereas another Rs129.8 million was gifted by him in the same year.

Later, the court adjourned the hearing until today (Thursday).