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Thursday March 28, 2024

SC may remove grey area, if any, in JIT today

By Tariq Butt
May 22, 2017

ISLAMABAD: Any grey area that the Joint Investigation Team (JIT), constituted by the Supreme Court to inquire into certain business dealings of Prime Minister Nawaz Sharif and his family members, which may have so far been felt, will be cleared by the highest judicial forum which takes up its initial probe report on Monday.

It will also become clear whether or not the three-member special bench headed by Justice Ejaz Afzal Khan and comprising Justice Sheikh Azmat Saeed and Justice Ijazul Ahsan will make the preliminary JIT report public; whether or not the judges will receive it in their chambers or the open court; and whether or not any discussion on it will be held.

As far as the petitioners are concerned, their job had come to an end after their lawyers had wrapped up their arguments in the Panama case, and the verdict was handed down on April 20. They have nothing to do with the JIT, which is working on judicial directions and is answerable to the apex court.

The six-member JIT will bring to the notice of the court any difficulties or handicaps it may have encountered in carrying out the investigations to seek guidance. It is mandated to proceed strictly in accordance with the April 20 judgment.

The JIT has not yet officially issued a single word on its marathon deliberations spanning a dozen sittings over the past two weeks. But a plethora of reports have consistently emerged about its discussions, quoting unnamed sources in the JIT. The team has not repudiated or clarified any of these stories.

Officially, the JIT is not allowed to issue formal statements on its sessions as it has been directed to submit its reports, periodical and final, to the special bench. Even otherwise, no JIT has ever held open proceedings.

Formed by the Executive or the superior courts, these teams are required to file their findings to the concerned administrative or judicial authorities.It has been widely reported that the JIT is in two minds about visiting the Prime Minister’s House to put questions to the premier, fearing a backlash from the opposition, which, it apprehends, would slam the team for having gone to this place. At the same time, the JIT is said to be shying away from summoning the prime minister to the Federal Judicial Academy in view of his official position.

However, the Order of the Court, which was the unanimous operative part, containing directions, of the April 20 judgment of the Supreme Court in the Panama case, said that the prime minister and his sons Hussain and Hassan “are directed to appear and associate themselves with the JIT as and when required.”

The subsequent May 5 order said that if and when any person fails or refuses to associate with or appear before the JIT or refuses to cooperate or provide oral or documentary information required by it, the same be immediately brought to the notice of the court for taking appropriate action.

The order further held that upon receipt of the reports, periodic or final, of the JIT, as the case may be, the matter of disqualification of the prime minister shall be considered. If found necessary for passing an appropriate order in this behalf, Nawaz Sharif or any other person may be summoned and examined.

It has also been extensively reported that a questionnaire for the prime minister has been prepared by the JIT and a letter containing queries has been sent to the Qatari prince through the foreign ministry about his business dealings with the Sharif family. Apart from a reputed journalist and former National Accountability Bureau (NAB) Chairman Munir Hafeez, the JIT has also asked questions to Javed Shafi, a close relative of the prime minister. The team is also summoning the Qazi family (which figured in the Hudabiya issue) from London to answer queries.

The JIT consists of senior representatives from the Federal Investigation Agency, Inter-Services Intelligence, Military Intelligence, State Bank of Pakistan, Security Exchange Commission of Pakistan and NAB.

In its May 5 order, the special bench referred to different three articles of the Constitution - 184(3), 187(2) and 190. Of them, the first provision, invoked by the petitioners to agitate the Panama issue in the court, reads that the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the fundamental rights is involved, have the power to make an order of the nature mentioned in this provision.

Article 187(2) says any direction, order or decree (issued by the apex court) shall be enforceable throughout Pakistan and shall, where it is to be executed in a province, or a territory or an area not forming part of a province but within the jurisdiction of a high court, be executed as if it had been issued by that provincial high court. Article 190 says all executive and judicial authorities throughout Pakistan shall act in aid of the Supreme Court.