Daily Times

Finally, the Joint Investigation Team’s (JIT) report is out and it does not portray a pretty picture for Prime Minister Nawaz Sharif and his family.

The report, however, will be perceived as incomplete until the court receives its last volume. The head of the JIT requested that volume be kept as classified because the investigation was still on-going.

The JIT’s findings had been discussed before the SC. Thus, the report claimed that most allegations were true.

First, the report confirms the beneficial ownership of Maryam Nawaz of British Virgin Islands companies (Nielsen Enterprises Limited and Nescoll Limited). The document proving Ms. Sharif as beneficial owner of the companies was already afloat during the court’s proceedings.

Second, the money trail with reference to the purchase of apartments in London and flight of capital between UAE, Jeddah and UK could not be gathered, which was also the case during the court proceedings.

The JIT’s ‘findings’ had been discussed before the SC. Thus, the report claimed that most allegations were true

The legal team of the PM and his family said that since the transactions were decades’ old, there was little possibility of presenting the entire money trail.

Additionally, based on the information provided to the JIT by the Ministry of Justice UAE, the report ‘confirms’ that the Gulf Steel Mill sale and purchase agreements as submitted to the court by the Sharif family, were fictitious.

Similarly, based on the information collected from the Jabel Ali Free Zone Authority (JAFZA), UAE, the report ‘confirms’ the chairmanship of Mian Nawaz Sharif of his offshore company, FZE Capital, which was not declared previously.

The most damning assertion made by the JIT — which was made on the basis of a report by a forensics expert hired in the UK — is the conclusion that the Declarations of Trusts submitted by Maryam Nawaz were falsified/tampered.

The shock value of all this has little legal value in the absence of due process of law and the right to defence for the respondents. Since the very beginning, the JIT had become controversial in the backdrop of the WhatsApp call controversy.

Not to forget the volley of ‘leaks’ that kept flowing across the media throughout the JIT proceedings. The source of which could only be JIT itself.

The JIT’s tilt was clearly visible during its proceedings. The testimonies were also recorded without getting the transcripts signed by the witnesses and respondents.

Despite multiple interviews of the respondents, they were apparently not asked about the allegedly contradictory information that the JIT claimed to have acquired.

There were also reports of JIT members coercing some witnesses and pressurising them to become approvers against the Sharif family.

According to Ishaq Dar, the Finance Minister, he was never asked about any discrepancies that the JIT might have considered present in his financial records. Dar claimed in a press conference he had duly submitted his entire record to the JIT immediately after he learned that the FBR had not provided some of the record. But despite that, the report still claims that his tax and wealth record were absent.

If even a fraction of what the JIT is being accused of is true, this is a travesty of justice. Those who have jumped high and long for accountability must attend to these concerns instead of rejoicing.

Now that the report is out, does this mean the PM is automatically out? This would probably be the beginning of a new phase of court proceedings because the ‘conclusions’ are nothing but unsubstantiated claims as long as they are not corroborated.

If the Qatari prince’s letter needed further probing, the same should be required for the letter received from the UAE Ministry. Nothing can be said with certainty unless further questioning is done with respondents and the JIT given full opportunity to defend itself against their assertions.

From the look of things, the PM and his family have full intentions of contesting the JIT report and defending their position. The question however remains as to who would defend the JIT report?

For this kind of defence to be available to both the JIT and the Sharif family, hearings would be required to happen under the trial court as and if directed by the SC. In case the honourable court deems that enough material is already available and is not contested by any party (which is not likely), the SC might refer it to NAB as has been suggested by the JIT report.

Despite opposition parties demanding the PM’s resignation, he is not going to give in that easily. Mian Nawaz Sharif will linger on and face the court until the judiciary is ready to take the blame of disqualifying an elected Prime Minister.

This is his only way to appear as a politically martyred leader to his electorate. In short, the country would remain in a state of perpetual political crisis. The dignity of the office of the PM would remain at stake and a target of public ridicule. But all this would be to the political advantage of Mian Nawaz Sharif.

All in all, interesting times ahead.

The writer is a staff member and can be contacted at marvisirmed@gmail.com and on Twitter @marvisirmed

Published in Daily Times, July 12^th , 2017.