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Author: Syed Sabeehul Hussnain

ISLAMABAD: A three-judge special bench overseeing the implementation of the Supreme Court ‘s verdict in the Panama papers case on Friday constituted a joint investigation team (JIT) to probe Prime Minister (PM) Nawaz Sharif and his family’s offshore businesses and assets.

The six-member JIT will be headed by FIA’s Additional Director General (Immigration) Wajid Zia while NAB Director Irfan Naeem Mangi, SBP’s Grade 21 officer Amer Aziz, SECP Executive Director Bilal Rasool, ISI’s Brig Nauman Saeed and MI’s Brig Kamran Khurshid are its members.

“The JIT shall have all the powers given by the laws relating to investigation including those available in the Code of Criminal Procedure, 1898, National Accountability Bureau Ordinance, 1999 and the Federal Investigation Agency Act, 1975. As the JIT, in essence and substance, is acting on the direction of the Supreme Court of Pakistan, all the executive authorities throughout Pakistan shall act in aid of the JIT,” the top court ruled.

The top court further directed the federal government to initially provide an amount of Rs 20 million forthwith so that the JIT may not feel handicapped in its movement in any for the purpose of investigation. The directives state that all JIT members will arrange secretarial staff of their choice and are free to utilise expertise available within their respective departments or in other provincial and federal government departments. The JIT is also empowered to engage local or foreign experts to facilitate the investigation and collection of evidence in line with the letter and spirit of the April 20 order.

The top court further ruled that if any person fails or refuses to associate with or appear before the JIT, the same be immediately brought to the notice of the court for appropriate action. The JIT will submit fortnightly progress report.

In its April 20 judgement in the Panamagate case, the larger bench of top court had asked Federal Investigation Agency (FIA), National Accountability Bureau (NAB), State Bank of Pakistan (SBP), Securities and Exchange Commission of Pakistan (SECP), Inter-Services Intelligence (ISI) and the Military Intelligence (MI) to submit their lists of nominees. “We examined the lists submitted by these departments and weighed up our choice,” the implementation bench headed by Justice Ejaz Afzal Khan and comprising Justice Sheikh Azmat Saeed and Justice Ijazul Ahsan stated in the order after the course of hearing.

During the hearing, expressing anger over false statements by some politicians attributed to the judges hearing the Panama case, Justice Khan warned that such leaders would be taken to task if false attributions are again made in future. Justice Khan, without mentioning the name of the politician, observed that the other day a person who posed to be a leader stated that all five judges declared Prime Minister Nawaz Sharif a liar. “I never said it. He (leader) spoke lies,” Justice Khan said, adding that the judges do not want to go to the level where they become at par with that politician. “We are not going to follow public opinion. We will go by law and the book. We don’t care what a leader, people and media says. Let the heaven befall, we will go by the law and the constitution,” Justice Khan further said as he expressed his annoyance over the reported reservations of masses on the establishment of JIT.

Commenting on why the nominees of the departments were rejected, Justice Ijaz ul Ahsan said, “It is sad that we have to point out that the names submitted by the SECP and SBP were leaked to media.” “This is why we deemed it necessary to discard the submitted names,” Justice Ahsan remarked.

The bench also came down hard on departments for their involvement in leaking out the proposed nominees of the JIT. “If they (heads) can’t maintain secrecy on such a sensitive issue, then they must be held responsible,” Justice Ahsan observed, adding that purpose behind leaking names of the nominees by the departments was making the matter controversial. “This was deliberately done,” he said. “You (attorney general) must tell department heads that they need not to be funny,” he told the top law officer. He further observed that everybody has to understand that the matter is still pending before the court hence dignity and decorum has to be maintained.

The next hearing has been scheduled for May 22, 2017, in line with this directive.

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