NewsJune 04, 2017
Reservations about JIT before time: SC
Says relationships are found everywhere in world; mere allegations not enough to show partiality; if bias noticed on part of any JIT member, appropriate order will be issued; written order released in plea of Hussain NawazISLAMABAD: The Supreme Court (SC) on Saturday ruled that reservations about Joint Investigation Team (JIT) were before the time as relationships were found everywhere in the world.
The apex court observed that mere allegations not enough to show biasness or partiality of Joint Investigation Team (JIT) members, probing allegations of financial irregularities and money laundering, allegedly involving Prime Minister Nawaz Sharif and his family for establishing properties abroad.
A three-member Special Implementation Bench on PanamaLeaks case, headed by Justice Ejaz Afzal Khan released a written order in the plea of Hussain Nawaz.
The court on May 29 rejected the plea of Hussain Nawaz, son of Prime Minister Nawaz Sharf seeking replacement of two JIT members.
Hussain Nawaz had expressed his reservations about Amer Aziz and Bilal Rasool, who represent the State Bank of Pakistan (SBP) and the Securities and Exchange Commission of Pakistan (SECP), respectively, in the six-member JIT.
The court however, during the course of proceedings, had reposed its confidence in the JIT and ruled that no member of the team would be replaced on mere suspicion. The court, however, ruled that everybody is respectable and one should be respected irrespective whether he is a peon or a prime minister.
Khawaja Haris, representing the PM son, had argued extensively and cited about 11 judgments, including apex court judgment in Arsalan Iftikhar case, which was regarding the investigation team.
The court in its written order, noted that it had gone through the record carefully, considered the submissions of the counsel and read the judgments, which are quite enlightening on the question of bias, partiality and predisposition but all of them related to the judicial and quasi-judicial proceedings.
The court ruled that the learned counsel for the petitioner did not cite any precedent in which on the basis of mere allegation, an Investigation Officer was changed or substituted.
“We don’t find any substance in the application, therefore not inclined to pass the order in this regard,” says the written order.
The court further ruled that relationship alone with the political rival of the applicant or his father won’t per se give rise to a reasonable apprehension that the investigation shall be biased or partial.
“If relationship of the officer with one of the political rivals of the applicant or his father is considered to be a ground for substitution of a member of JIT, we don’t think any investigation under the sun could be held to be impartial and non-partisan because in this society such type of relationship could be found everywhere, says the order.
“In any case, the court noted if it noticed any such thing evincing bias, partiality, or predisposition on the part of any member of the JIT in favour or against either of the parties during the course of investigation, it would pass an appropriate order in this behalf.
Khawaja Haris contended that Bilal Rasool being related to Mian Muhammad Azhar, a political rival of Nawaz Sharif is not expected to stay impartial in the investigation, moreover when, many of his kith and kin are ardent supporters of PTI. To support his contention he had referred some posts on social media.
Regarding Amer Aziz, the counsel said that he appeared to be biased as he pressurised and even harassed Tariq Shafi during the course of investigation. The said officer, the learned Sr ASC added, was already poised and predisposed to go to the detriment of the applicant as he did in the past while investigating the case of Hudaibiya Paper Mills.
The court however, ruled that ground mentioned about the partiality and predisposition of Amer Aziz was not of a nature which could be considered on the basis of mere allegations. The allegations thus being premature and unsubstantiated did not warrant substitution of any member of the JIT at least at this stage, says the written order.
Courtesy www.thenews.com.pk
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