Daily Times

ISLAMABAD: Chief Justice of Pakistan (CJP) Mian Saqib Nisar on Wednesday observed that the petitions seeking disqualification of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan and Secretary-General Jahangir Tareen should have been heard along with the Panama Papers case.

The CJP observed this while heading a three-member Supreme Court bench also including Justice Umar Ata Bandial and Justice Faisal Arab, which is hearing a petition filed by PML-N leader Hanif Abbassi seeking disqualification of PTI Chairman Imran Khan and Secretary-General Jahangir Tareen for non-disclosure of their assets, ownership of offshore companies and PTI being a foreign-aided party.

Starting his preliminary arguments, Sikandar Mohmand, counsel for Jahangir Tareen, contended that the petition filed against his client was politically motivated and a firing in retaliation instead of being in the public interest. He said the petition was filed against his client in reaction to a plea Tareen filed against then prime minister Nawaz Sharif seeking probe against him over Panama Papers revelations.

He contended that the petitioner, who is a leader of the ruling PML-N, misled the court by saying that the name of Jahangir Tareen surfaced in the leaked Panama documents. He contended that the name of his client never appeared in the Panama Papers. He said his client had not concealed any of his assets in his declaration submitted before the Election Commission of Pakistan (ECP).

The chief justice observed that it is mandatory under the law for politicians who contest elections to declare their assets including wealth before the ECP prior to taking part in the election.

The judges noted that the petitioner did not provide any material in support of his claim that Tareen was the owner of offshore business concerns. “Why the matter of offshore companies was brought before the court if the petitioner had no proofs?” Justice Bandial questioned.

He said offshore companies are established and kept concealed just to hide the illegal wealth and avert paying of taxes. He said the court had no concern whether Tareen paid less income tax or otherwise as it was a matter between him and the income tax authorities. He said the court had to see whether a person holding a public office was honest and truthful.

The chief justice observed that the Supreme Court’s verdict in Panama Papers case was purely over hiding facts and not on the grounds of giving false statements.

He noted that the court has to examine whether the public office holders, who govern the country, are engaged in corrupt practices or misuse of their office or authority for their own interests. He made it clear that the court did not wish to hang the sword of disqualification on the members of the parliament.

To court queries, Tareen’s counsel contended that his client never secured any loans or got them written off. He said the statements submitted by his client before the ECP were correct. He contended that his client was not even the beneficial owner of any of the off-shore companies.

The chief justice observed that although there was no proof on record that Tareen used his public office authority to get the loans written off, however he directed the counsel to submit the details of offshore companies of his client and income tax returns of his children as well as other things claimed by the petitioner. Before adjourning the hearing till today (Thursday), the chief justice noted that it was reported that 38 hearings of the disqualification case against PTI chief and secretary general had taken place. He maintained that those who were reporting such things should also know why this was being done.

Published in Daily Times, October 5^th 2017.