Panama Leaks Case: Would SC summon PM?

ISLAMABAD: Prime Minister Nawaz Sharif seems to be escaping disqualification by the skin of his teeth as the special bench skipped to meet an essential prerequisite its justices had laid down in their April 20 judgment for such an extreme punishment.

The important condition is written in the April 20 majority verdict of the five-member bench that had heard the Panama case. Its relevant part figures in paragraph four of the Order of the Court, which says “it is further held that upon receipt of the reports, periodic or final of the JIT,” (Joint Investigation Team) “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” [the prime minister] “or any other person may be summoned and examined.”

The non-summoning and non-examination of the premier by the special bench understandably raises a plausible assumption that he is not going to be declared ineligible as a member of the National Assembly.

However, this portion of the Order left it to the bench to summon or not and to examine or not Nawaz Sharif prior to disqualifying him as is clear from the words “may be” occurring in the verdict. Thus, it was the discretion of this panel of judges to call the prime minister if it was going to pass “an appropriate order” in this connection.

But the judges’ remarks passed on the concluding day of the five-day hectic hearings on the JIT report exhibited that the justices would consider the matter of Nawaz Sharif’s disqualification. “We guarantee that it will be examined,” Justice Sheikh Azmat Saeed remarked. Justice Ejaz Afzal said that the judges are looking at this matter.

Another option that the special bench may resort to was also given in paragraph three of the Order of the Court. It says that on receipt of final report of the JIT the bench may pass appropriate orders in exercise of its powers under Articles 184(3), 187(2) and 190 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.

If the special bench goes for this option, it obviously doesn’t entail instant disqualification of Nawaz Sharif or any other public office holder. In such an eventuality, a reference will be filed in an accountability court, which will give the prime minister or any respondent the right of appeal to high court and subsequently to the Supreme Court.

Regardless of the impending judgment of the special bench, it appears, if the judges’ remarks and observations are any guide, that different laws like the National Accountability Ordinance (NAO) 1999, Representation of People’s Act (ROPA) and income law ordinance may be invoked in future proceedings, if directed by this bench, against different respondents for having assets beyond means, non-declaration of certain facts in the nomination papers etc.

It has already become almost clear that the National Accountability Bureau (NAB) will file an appeal in the Supreme Court in the Hudaibiya Paper Mills case, which had been quashed by the Lahore High Court (LHC) and no appeal had been preferred at the time.

The NAB, the Election Commission of Pakistan (ECP), accountability courts, and the apex court in regard to the Hudaibiya case are the next likely centres of feverish activities where the proceedings in the light of the expected decision of the special bench will be held.

On the last day of the hearing, Finance Minister Senator Ishaq Dar again faced a very tough time, sparking perception that action may be recommended against him. The judges kept insisting on their view how come Dar’s assets swelled to Rs837 million from Rs9 million in seven years for which they said no proof and justification was given. The terms of employment in UAE were not also disclosed, Justice Ijazul Ahsan said.

Justice Ejaz Afzal remarked that if the discharge of the Hudaibiya Paper Mills case was accepted as correct, there is still a lot of material against the finance minister.

Maryam Nawaz’s spouse Capt (R) Safdar may also face trouble. Justice Ejaz Afzal observed that if the judges arrive at the conclusion that Maryam’s beneficial ownership of the two offshore companies was not declared in Safdar’s nomination papers, his case will come under the ROPA.

The emphasis of the justices was that they will strictly adhere to the Constitution and law. Justice Ijazul Ahsan observed that the judges will swim against tides even if they have to. “We have in view the rights of the respondents and will not go beyond the law.”

Justice Sheikh Azmat Saeed stressed that the constitutional articles are before their eyes and the judges will not give any decision that will be against anybody’s fundamental rights.

The earlier bench had also reserved its judgment on February 23 after long hearings spanning several months and announced it on April 20 after 58 days. It is anybody’s guess when the present panel will release its verdict, reserved on Friday, and how long it will take to pen it down.