How JIT works?

 How the joint investigation team (JIT) would be different from scores of other JITs, constituted in the last few years including some against ministers and advisers in cases of corruption, money-laundering or terror financing. In Panama case, the role of JIT would be confined to specific questions and information required, prepared by the Supreme Court, to ascertain facts and details revolving around Prime Minister Nawaz Sharif and his children. Just before the take-off, controversies created over the agencies concerned have made it controversial.

JIT’s heat has already been felt to the extent that the powerful corps commanders conference has to assure the Supreme Court that the role of its nominee from the ISI and the MI would be transparent in investigation and they would fully cooperate. The names of the members of the JIT would be finalised by the SC.

But, this statement itself has raised a few questions, as many experts and analysts including defence analysts believe that the ISI and the MI should not have been part of this political-cum-legal battle of nerves, where some opposition leaders are trying to make nominees from the spy agencies controversial. Even senior a PPP leader’s remarks led to back-to-back reactions from the ISPR.

The scope of the JIT in this case would be limited and that is one of the reasons why the SC five-member bench gave 60 days to the JIT to investigate about the pending questions. The JIT can summon PM, his sons and anyone linked to the case. Its headquarters could be in the FIA, as it will be headed by Additional Director FIA. It could be possible that the Supreme Court would also specify some other venue.

In normal circumstances, the JIT first prepares the profile of the person, his family history, his affiliations, positions he holds and then the charges. But, this JIT may not gather all such details, and remain confined to the questions, given by the SC in its judgment.

The JITs, in most cases, comprise of officers of grade-18 and 19, and this is one aspect where the opposition expressed their apprehensions.

Now, how genuine are their concerns. Many believe that there are officers who take pressure and there are officers who have the reputation of not taking pressures. For instance, officers like Hussain Asghar, Kaleem Imam, Dr Shoaib Suddle, Tariq Khosa, Nasir Durrani and many others have proved that they don’t succumb to any pressure. So, it all depends on whom the SC would nominate, particularly from the State Bank of Pakistan and other agencies.

What is most surprising is the fact that none of those, who are making the JIT formation controversial, have not yet filed a review against the SC judgment on this very ground or challenged its decision.

So, the purpose seems to be keeping pressure, rather challenging it on merit. In politics, pressure tactics do count a lot and key opposition leader, Imran Khan, is certainly ahead of others in exerting pressure. From dharna to long march, his tactics apparently paid off as is evident from the last 48 hours developments. He intends to exert more pressure in the next couple of weeks and has already given a call for Friday’s public meeting in Islamabad.

Even Chief Justice of Pakistan Justice Saqib Nisar Monday, in the presence of Imran Khan, advised him to show respect to the court verdicts as his ‘voice’ is important and could be a guide or misguide for the nation. But, this conversation had little impact on Imran Khan, as hours after it the PTI leader, in a video message, reiterated his stand and asked people to attend the grand public meeting on Friday.

On the other hand, the PPP is using different kinds of tactics for different reasons. PPP senior leader’s remarks about ISI has a lot to do with issues other than Panama or the JIT. It appears to be a very calculative move from the PPP, as some of their leaders may also face the JIT in cases linked to money-laundering, corruption and terror financing. There is still no news about the three close associates of former president, Asif Zardari, but both the police and federal government had denied having any knowledge about their whereabouts.

Zardari has to settle some personal score with Sharif. His friend Dr Asim Hussain faced a tough JIT, so he wants PM to go through the same process. He also wants Sharif ouster the manner in which former PM Yusuf Raza Gilani was ousted and above all, he suspects his role in the disappearance of his three associates and the treatment meted out by the federal agencies in Sindh.

Prime Minister Nawaz Sharif and PML-N are on the receiving end, and since this particular JIT would investigate, interview or question Sharif and his two sons in particular, the PM has decided to follow the policy of ‘wait and see.’

It will be interesting to watch how this JIT would interview PM if needed. Will he be called at the FIA headquarters or the JIT would visit the PM House. If Nawaz Sharif could create history by appearing in the apex court as a lawyer against former PM Gilani, he can make history by going to the FIA headquarters and facing the JIT questioning.

For politicians, whether from the ruling party or opposition, JIT, jail and courts should not be the problem, but one important thing is that whether they come out ‘clean’ or face disqualification. Precedence has already been set in the case of Yusuf Gillani, who was ousted in a contempt of court case.

During Benazir Bhutto’s murder case, when the FIA sought interviews with some PPP leaders including the then interior minister, Rehman Malik, the late Amin Fahim and others, the ministers refused to go to the FIA headquarters and instead asked the agency to sent them a questionnaire. Naheed Khan, Safdar Abbasi and some others went to the FIA and recorded their statements. Former army chief General (R) Pervez Musharraf also refused to come and instead, reportedly sent his reply.

In Asghar Khan case, the former army chief, General Aslam Baig too refused to go to the FIA, headquarters and instead sent his answers via email.

This JIT would be different from others in many aspects, as it would not only work under the direct supervision of the Supreme Court, but would be completely empowered as long as collecting facts and details were concerned. The two premier spy agencies’ role would also be different in this case then their role in other JITs.

In this JIT, a crucial role would be of the FIA, representative as well as that from the State Bank of Pakistan.Now, much depends on the officers picked by the SC, and the names of the officials named for the JIT. The names of the officers of the spy agencies often been kept secret as mentioned above for security reasons as they hide their identity.

Opposition have already announced that it would monitor JIT meaning it would maintain the pressure which also an indication that they may not accept any such findings, which would benefit PM Sharif.

In such an atmosphere and tension, it would have been better if someone files a review in the SC on this very question of the JIT and ask for Judicial Commission, which could seek assistance from agencies and departments concerned.

In the present circumstances, it looks quite difficult no matter how competent officers will be nominated to the JIT to work with an open mind and in peaceful atmosphere. This may not be the case and the JIT members’ nerves and competence be under scrutiny.

 The writer is a senior columnist and analyst of Geo, The News and Jang.

Twitter: @MazharAbbasGEO