ISLAMABAD: The implementation bench of the Supreme Court to be constituted by the Chief Justice of Pakistan this week will be much more powerful than an ordinary judicial commission and will have definite and absolute power to send the prime minister home even before the conclusion of the JIT report.
It is generally believed and rightly so that as most of the JIT members will be ordinary government employees and will not dare ask tough questions from the prime minister and his family members. However, a judicial commission, if it would have been constituted, would also have to mostly rely/work with government employees who would not have been nominated by the Supreme Court and thus could be more easily manageable.
It is important to mention that a judicial commission never has ultimate and conclusive power to have anything done or to pass a final order. If a judicial commission reaches a conclusion that the prime minister is dishonest, it cannot disqualify him and can only give such a recommendation. On the other hand, the implementation bench to be constituted as a consequence of Panama case verdict will have ultimate powers to disqualify the prime minister at any
moment before or after any JIT report.
The JIT members will not only be appointed by the five-member bench which heard Panama Case but will also be appearing before the implementation bench of the apex court. First of all, it will not be easy to influence these officials. Secondly, even if some member will try to extend any favour to the ruling family, the implementation bench will be monitoring everything minutely. Media will also be observing all developments. Now if the same JIT members (read experts etc) are working with an ordinary judicial commission, even if comprising sitting Supreme Court judge(s), they couldn’t be as efficient and answerable as they will be to a regular bench of the apex court. Most importantly, if during any hearing, any member of JIT complained that he is contacted by a government minister or any other high-up or is pressured, this will be huge blow to the whole government. Again if such a revelation is made before an ordinary judicial commission, it will have little impact as judicial commission would not be in a position to pass any strict orders punishing any high-up.
Also contrary to the general perception, the implementation bench which is expected to take birth this week will be very much powerful and in a position to order taking help from any experts, forensic experts from home or from abroad. The judges in implementation bench will be regular Supreme Court judges and will have all the powers that an apex court judge enjoy while hearing the case under articles 184(3), 187(2) and 190 of the constitution.
The most important thing to observe will be the constitution of the new implementation bench. It will be up to the judges sitting in the implementation bench to give any direction to the historic Panama Case. If JIT members are being influenced or managed, the implementation bench judges can foil any such move. On other hand, if the members of the JIT are competent, honest and highly professional but the judges sitting in the implementation bench don’t want to take the case forward towards a logical conclusion, whole efforts and investigation done by JIT will be spoiled.
The implementation bench of the Supreme Court can consider the disqualification of the prime minister even after initial JIT reports without waiting for the final report, all the five members of the apex court bench which heard the Panama Papers case held unanimously.
Para-4 of the ‘Order of the Court’ which was signed by all the five judges, reads; “It is further held that upon receipt of the reports, periodic or final of the JIT, as the case may be, the matter of disqualification of respondent No. 1 shall be considered. If found necessary for passing an appropriate order in this behalf, respondent No. 1 or any other person may be summoned and examined.”
In another important step, the five members of the bench unanimously allowed the re-investigation of notorious Hudabiya Paper Mills case which will also include complete re-examination of historic “Rehman Malik Report”. In Para-3 of the ‘Order of the Court’, which was signed by all the five judges, it is held, “The JIT may also examine the evidence and material, if any, already available with the FIA and NAB relating to or having any nexus with the possession or acquisition of the aforesaid flats or any other assets or pecuniary resources and their origin.”
NAB has complete record of Hudabiya Paper Mills case whereas FIA has “Rehman Malik Report” and many original documents in its custody and all of which are linked finances, properties and London flats of Sharifs.
Para-3 also held in categorical terms that the implementation bench may pass any orders by using powers and jurisdictions available in articles 184(3), 187(2) and 190 of the constitution and finally can also order NAB filing a corruption reference against the Prime Minister or his affiliates. It reads, “The Bench thereupon may pass appropriate orders in exercise of its powers under Articles 184(3), 187(2) and 190 of the Constitution including an order for filing a reference against respondent No. 1 and any other person having nexus with the crime if justified on the basis of the material thus brought on the record before it.”
It is obvious that JIT would never be able to complete its report within two months and the task to find out answers to 13 questions and some other confusions mentioned in ‘Order of the Court’ will take many years. The JIT (yet to be constituted) is also ordered to submit its report after every fourteen days. That’s why any concrete evidence against the Prime Minister given in any periodical report can become basis of consideration of his disqualification by the implementation bench even in next month of May. If JIT will succeed in finding out some concrete evidences in light of credible documents and facts present in the files of Hudabiya Papers Mills case or from the Rehman Malik Report, the implementation bench can order filing of a corruption reference against the Prime Minister.
Not only this, as per Para-3 of the “Order of the Court”, the JIT will have to investigate if Prime Minister, any of his affiliates or those around him have made any assets, fortunes, money or any interest therein disproportionate to their known means of income.
All these orders are unanimous and all the five judges of the bench which heard Panama Papers Case agreed on these points.
