News

July 21, 2017

Office holder to bear scions’ impact: SC

ISLAMABAD: The Supreme Court on Thursday said if the prime minister’s scions failed to satisfy the court about the money trail and source, the public office holder would have to face the consequences. Justice Ejaz Afzal Khan passed these remarks as the ‘absence’ of the money trail evidence and authenticity of the documents with regard to the Sharif family’s properties again echoed during the proceedings.

The Supreme Court also warned of dire consequences, saying it seems that fake papers had been submitted by the respondents. There were corruption allegations under the NAB law, it added.

As the three-member special implementation bench resumed hearing of the Panama Papers case, the court repeatedly observed that the most important questions relating to the money trail could not be ascertained as the respondents so far did not provide ample evidence.

Salman Akram Raja – the counsel for Hussain Nawaz, Hassan Nawaz and Maryam Nawaz – argued that there was no accusation of wrongdoing against his clients.The court observed that it had been questioning the respondents for the money trail as well as the source of money but nothing was disclosed yet.

Justice Sheikh Azmat Saeed questioned the authenticity of the documents submitted in the court, pointing to the trust deed for the four London apartments.In its report, the JIT had stated that the font used in the trust deed of the London apartments was not commercially available till 2007 while the document was prepared in 2006.

Justice Azmat asked the defence counsel that they could not even imagine how it could have happened, asking what they had done.Raja, however, replied that senior lawyer Akram Sheikh was the Sharif family’s counsel at the time when the alleged false documents were submitted.

Justice Azmat then asked Additional Attorney General Waqar Rana, who was present in the courtroom, about the consequences of submitting fake documents. The law officer replied that a case could be registered for which the punishment was up to seven years of imprisonment.

Raja argued that the Calibri font could have technically been used in 2006. But Justice Ijazul Ahsen said the day (February 4, 2006), when the trust deed had been signed, was a holiday (Saturday) in the UK and remarked “no one picks up phone in Britain on a holiday”. Raja, however, replied that itwas possible a mistake had been committed.

“We cannot shut our eyes as the law will take its course because fake documents have been submitted before us and the result will not be good for the respondents,” the court said.Justice Ijaz observed that when the JIT contacted the said firm to get its version on the matter, it said they did want to answer the questions.

Referring to the Qatari prince’s refusal to appear before the JIT, Justice Ijaz said it was the responsibility of Hussain to produce him as he was his ‘star witness’.Justice Ejaz observed that the Qatari prince had declined to accept the jurisdiction of the Pakistani law. “A person who sought to be examined, he is not willing to be examined,” he remarked.

Similarly, Justice Azmat remarked whether they would have to visit Doha as the Qatari didn’t come to Pakistan.

Raja, however, contended that the JIT had repeatedly said that it did not need any explanation from the prince.He said the investigation conducted by the JIT could not be termed complete, saying there was no positive evidence given by the JIT against the respondents.

He objected to the JIT’s conclusion that recording Sheikh Hamad bin Jassim bin Jaber Al-Thani’s statement was unnecessary, urging the court “there should be a complete inquiry into the matter”. He said the team did not conduct the probe impartially and there was an element of bias in the findings; hence, there was a dire need for further investigation.

The court asked the learned counsel as to whether he wanted that the matter should be sent to a trial court, to which he said he was seeking a comprehensive and solid investigation. But the court dismissed further investigation into the case, saying since the JIT had completed the task, the documents [relating to the two letters of the Qatari prince] had been sent to the registrar.

Raja argued that concrete evidence had to be provided in order to bring his clients under the ambit of NAB law Section 9 (a) (5).At his point, Justice Ijaz read out the Section 14 of the NAB Ordinance.

“Where in any trial of [an offence under clauses (i), (ii), (iii) and (iv) of sub-section (a) of section 9] it is proved that an accused person has accepted or obtained, or has agreed to accept or attempted to obtain, for himself or for any other person any gratification, other than legal remuneration, or any valuable thing, or any pecuniary advantage from a person or any agent of a person, for any favour shown or promised to be shown by the accused, it shall be presumed, unless the contrary is proved, that he accepted or obtained, or agreed to accept or attempted to obtain, that gratification or that valuable thing or pecuniary advantage for, himself or some other person, as the case may be, as a motive or a reward such as is specified in section 161 to 163 of the Pakistan Penal Code, 1860 (Act XLV of 1860), or, as the case may be, without consideration, or for a consideration which he believed to be inadequate.”

During the hearing, Raja also submitted 17-page objections over the JIT report, pleading for dismissal of the report and its ‘evidence’. The application objects to the source material used by the JIT in its final report, saying it was unverified.

Raja said he would resume his arguments today (Friday), while Dr Tariq Hassan, the counsel for Finance Minister Ishaq Dar, informed the bench that he also intended to conclude. On the other hand, the petitioners’ counsel also expressed his desire for making some submissions in rebuttal.

Meanwhile, the British Virgin Islands (BVI) have refused to assist and render the information regarding the offshore companies, Nielson and Nescoll, allegedly owned by the PM’s scions. In a letter sent by BVI to the JIT, it was said in order to get the required information, the probe team would tell them how the offence was committed and provide the related extract of the related.

Two letters were sent – one by the office of Attorney General of BBVI and the other by Hamad bin Jassim – to the JIT. Since the JIT has wrapped up the set-up, the letters were forwarded to the Supreme Court’s registrar.

The request sent by the JIT doesn’t clearly indicate whether criminal investigations are ongoing or proceedings have commenced with respect to the company, or with respect to persons closely affiliated with the said company, the letter written by BVI’s attorney general office read. It added that the summary of the facts did not provide any background information, showing the nexus between the companies mentioned and any alleged offence.

“Consequently, in the circumstances, we are unable to render any assistance in the execution of your request,” the BVI communicated to the JIT. “You may upon rectification of the mentioned anomalies; that is rectification of the reasons why the request is not complaint with the laws of the Virgin Islands; may submit another request for a further consideration,” says the letter.

On the other hand, Hamad bin Jassim rejected the JIT’s statement that he has accepted the jurisdiction of Pakistani laws.

“My earlier two letters which were submitted in your Supreme Court provided certain information and do not in any manner depict that I have accepted any such jurisdiction as indicated by you,” Hamid bin Jassim said, adding that “he stands by the statement he made in the earlier letters, have already confirmed as such to you and have also expressed his willingness to do so (Subject to his already stated position as to jurisdiction) in person in a meeting with your team in Doha.”

“In view of the above you may provide a date for the meeting along with names of your team members who will be travelling to Doha for the meeting,” he told the JIT.

Courtesy www.thenews.com.pk


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