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Thursday March 28, 2024

Broadsheet Commission to probe corruption cases since 1990

By Zahid Gishkori
January 29, 2021

ISLAMABAD: The federal government on Thursday framed the terms of references (ToRs) to identify corruption cases related to efforts for recovery of looted money and legal proceedings pursued in Pakistan since 1990 in foreign jurisdictions.

Three days after the government selected Justice (retd) Azmat Saeed Sheikh as the head of the one-man commission, to probe the Broadsheet scandal, it completed the TORs. They include inquiry against political stalwarts, including former premier Nawaz Sharif and former president Asif Ali Zardari.

The commission would review efforts by the previous governments of Pakistan Muslim League Nawaz, Pakistan Muslim League-Q and Pakistan People's Party for recovering the money unlawfully removed from Pakistan or illegally acquired assets. The commission will also ascertain if the inquiries were closed, abandoned or withdrawn without any justification, resulting in colossal losses to the country.

The government has constituted the commission under Section III of the Commission of Inquiry Act, 2017. The copy of the TORs document available with The News-Geo News says "The federal government or other bodies, authorities, bureau etc., will work to trace and track such unlawfully laundered national wealth. It will also look into the arrangements, agreements, with different individuals, legal entities, firms etc," to trace those national assets.

The commission would examine the process of selection and appointment of Trouvons LLC, Broadsheet LLC and International Asset Recovery Limited (IAR) and the execution of agreements in 2000. The commission would also examine the circumstances, reasons and effect of cancellation of the agreements with Broadsheet LLC and IAR in 2003.

The commission, to be headed by former Supreme Court's judge Azmat Saeed, would identify and determine the reasons and effect of settlement and payments made on behalf of Pakistan to IAR and Broadsheet LLC in 2008 and whether the payments of fees was justified. Among other TORs, the commission would identify the persons or officials responsible for making wrong payments of USD1.5 million to the wrong person in 2008, who was not entitled to receive that payment.

The commission shall also be empowered under Section 10(b) of the Act, to constitute special teams consisting of officers from the executive authorities and experts in any particular field, for assisting the commission in the inquiry. The special teams shall have such powers as provided under the existing laws. The commission would also determine if the arbitration proceedings before the London Court of International Arbitration (LCIA) and subsequent appeal before the High Court of Justice in London were conducted diligently and efficiently.

It would also determine if after finalisation of the award and appellate proceedings before the High Court at London, the process of payments to the claimant was legal and in accordance with the prescribed rules and procedure. It would also identify and fix responsibility of any person or organisation who was guilty of gross negligence or misconduct or acted with mala fide motive or objective in respect of the above matters.

The commission has been formed to expose corruption and corrupt practices by some holders of high public offices, which resulted in mega scams and reported outflow of billions of dollars from Pakistan to havens abroad, using multilayered transactions causing irreparable economic damage to the people. The federal government, reflecting the will of the people, is determined to trace and track the ill-gotten national wealth stashed abroad as well as domestically and also to seek accountability of the process.