Panama JIT: Maryam to be asked about real owner of offshore companies

ISLAMABAD: The question-answer session that the Panama Joint Investigation Team (JIT) will hold with Prime Minister Nawaz Sharif’s daughter Maryam is likely to revolve around the query as to “who, in fact, is the real and beneficial owner of M/s Nielsen Enterprises Limited and Nescoll Limited”.

This figured in the thirteen questions that the apex court had framed for the JIT to search for answers. None of other questions is apparently related to Maryam in any way that may be put to her. Her response is absolutely unexpected to be different from what it had earlier given in the Supreme Court.

However, there is no express direction in the court judgment for Maryam to mandatorily appear before the JIT if and when summoned. But the probe body had been given sweeping powers by the top court to summon anyone to answer questions pertaining to the matter under inquiry.

The Order of the Court had unambiguously “directed” the premier and his sons, Hassan and Hussain, only “to appear and associate themselves with the JIT as and when required”.

Like Maryam, the Order also made no mention of summoning of certain persons including Tariq Shafi, Javed Kayani, Saeed Ahmed and Rehman Malik by the JIT, but they were called by the JIT as they, in its opinion, have something to do with the investigation of the complex matter.

Maryam’s summoning is also seemingly covered by point number eight of the May 5 order of the three-member special implementation bench headed by Justice Ejaz Afzal Khan, which 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.

Another point of this order made essential the assistance of state institutions to the JIT. It read that as the JIT, in essence and substance, is acting on the direction of the Supreme Court, all the Executive Authorities throughout Pakistan shall act in its aid.

The Order of the Court also said that the JIT shall investigate the case and collect evidence, if any, showing that the prime minister or any of his dependents or benamidars owns, possesses or has acquired assets or any interest therein disproportionate to his known means of income.

However, there is no reference to all the relatives of the premier, but “his dependents or benamidars” are covered by it. Maryam had told the Supreme Court during its hearings in the Panama case that she was not dependent upon her father.

About the issue of beneficial owner of the two offshore companies, owned by Hussain, she had stated that she was only the trustee and not a beneficiary.  There was a comprehensive discussion in the court on this point with the petitioners’ lawyers stressing that she was the beneficial owner of these firms while the defendants’ attorneys emphasised that she did not fall in this category.

Regarding being ‘dependent’ on her father, Justice Ejaz Afzal Khan, who authored the majority judgment, wrote: “We, therefore, have no hesitation to hold that a question of this nature” [dependent] “in the absence of an undisputed evidence cannot be decided by this Court in exercise of its jurisdiction under Article 184(3) of the Constitution.” 

Just a week before the six-member JIT, mired in deep controversy, will wind up its high-profile project, even after seven weeks’ investigation it seems struggling to collect credible evidence and proof against the prime minister and has as a last ditch effort summoned Maryam on July 5.

As part of the same endeavour, the JIT has once again called the premier’s cousin, Tariq Shafi, Hussain and Hassan. Tariq Shafi is appearing before it for the third time. His last experience on May 16 and May 17 was very unpleasant as he later claimed that he was intimidated and threatened by some JIT members into withdrawing his affidavit, already filed in the apex court, or face 14-year long imprisonment. Subsequently, in a letter to the JIT head, a copy of which was also sent to the court registrar, he had recorded his complaint.

Tariq Shafi had noted in his affidavit, apparently considered by the JIT a document in favour of the Sharif family, that he was part of all transactions relating to the sale of Dubai properties owned by the prime minister’s father Mian Mohammad Sharif, and transfer of that money to Qatar. The transactions formed the money trail, which showed the funds invested in offshore firms and other holdings of the Sharif family, were legally transferred.

Hussain will be producing himself before the JIT for the sixth time while Hassan for the second time. The entire family of the prime minister except his spouse and a daughter, who is married to Finance Minister Senator Ishaq Dar’s son, has presented itself before the investigators after being summoned by them. None of them except the premier is in politics. Maryam is yet to formally jump into the political field.

Never ever has any JIT become as comprehensively controversial as the present team has. The moment it was constituted, it was rejected by the Pakistan Tehreek-e-Insaf (PTI), which, however, later developed immense love for it and also announced that it would embark upon a public campaign if it was put under pressure or maligned by the Pakistan Muslim League-Nawaz (PML-N). After a few weeks of its formation, the PML-N started loudly discarding it accusing it of bias and partiality. Viewed in this context, it is an open question how far its report will be acceptable at every level.