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Wednesday May 08, 2024

Even PM’s office can’t influence JIT: legal experts

By Noor Aftab
April 25, 2017

ISLAMABAD: Renowned legal experts said on Monday the office of the prime minister cannot influence the investigation to be carried out by the Joint Investigation Team (JIT) in the Panama case as an independent and all-powerful bench of the Supreme Court would be there to oversee the whole investigation process.

"The Supreme Court will thoroughly oversee the investigation process and no one including the office of the prime minister can exert any kind of influence over the JIT comprising high officials of various institutions," said prominent legal expert Justice (retd) Wajihuddin Ahmad.

"The Supreme Court will ensure at any cost that the members of JIT work independently and in the right direction without any kind of influence even from the Prime Minister's House," said reputed legal practitioner S M Zafar.     

Talking to The News, both these legal experts said no one should cast doubt over the integrity of the honourable judges who have directed to form the JIT to investigate 13 questions related to London flats, Gulf Steel Mills and offshore companies.

Justice (retd) Wajihuddin Ahmad said that the view of majority judges in the Panama case verdict would prevail due to which the JIT would primarily focus on those issues that have been highlighted by three majority judges. 

He said: "I can say that the Supreme Court has provided a needed time-space to the prime minister and his family members in its verdict but the case is heading towards its logical end. I appreciate the judges who have given such a verdict that would definitely bring this case to its logical conclusion."

To a question, he said the Supreme Court has given clear directions with regard to the JIT so its terms of reference (TORs) would be prepared in line with these directions and a new bench of the apex court would oversee its work till the completion of the investigation.  

He said the the members of JIT should initiate their investigation with a clear mind because the Supreme Court has even provided them with questions that would be asked from the prime minister and his family members.

"The Supreme Court has made the work of JIT easier so its members should not face any kind of difficulty while carrying out investigation in this case. Now there is a very clear path and the JIT should follow it to conclude its investigation," he said.

Replying to another question, he said the JIT would only make report instead of giving any kind of decision because its responsibility would only be to investigate, make a report and submit it to the bench of the apex court.

He said: "The bench of the Supreme Court will review the report of JIT and then finally make its mind. The bench members will not let the members of JIT adopt delaying tactics or derail the investigative process."

Justice (retd) Wajihuddin Ahmad said Maryam Nawaz Sharif is a 'clear winner' in the Panama case decision because all efforts by the lawyers of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan to drag her in this case miserably failed and the apex court did not give any importance to their arguments in this respect.

Giving his comments, senior lawyer S M Zafar said the JIT would comprise experienced officials of various institutions and when they would work under the monitoring of the Supreme Court, then no one could exert influence over them.

He said the JIT would have the authority to direct any one in the country to extend cooperation in the investigation, so it is expected that it would utilise all available resources to conduct a thorough investigation into the questions raised in the Panama case decision.   

S M Zafar said though there are currently no agreements available to get information from international financial institutions or foreign banks yet the Pakistani government on the direction of the Supreme Court may find out the way to resolve this issue.

To a question, he said it is legally wrong to use the term "Terms of Reference (TORs)" for the JIT because it does not have the mandate to give any decision and instead it would only submit its report to the Supreme Court after an investigation.