ISLAMABAD: A commission is likely to be formed on November 7 to probe the Panamagate.
The single-member commission will comprise of a Supreme Court judge. The ‘likely’ Panamagate Commission will submit its finding to the larger bench for final verdict.
However, Chief Justice Anwar Zaheer Jamali, during the hearing of Panamagate-related petitions, made it clear that the terms of reference (ToRs) may not be necessarily the proposed ToRs by any party, in case a consensus does not develop among petitioners and respondents.
“We will not be bound to the ToRs by any party rather it is for the bench to fix the ToRs for the commission,” observed the chief justice while heading a five-member larger bench, which on Thursday resumed the hearing of the Panamagate.
“The commission will report to the Supreme Court,” the chief justice said, adding that the commission will have the same authority as the top court.
“SC has decided to resolve the issue of Panama leaks,” Chief Justice of Pakistan Anwar Zaheer Jamali said while asking both parties to ‘show restraint’. The bench expressed its desire that all the parties, including PTI, should reconsider their position.
Meanwhile, Finance Minister Ishaq Dar in his written reply denied allegations levelled against him by the petitioners, saying that the allegations were based on statements recorded forcefully from him during the tenure of former president Pervez Musharraf.
The court gave last chance to Nawaz Sharif’s children to file statements over the allegations levelled against them.
During the course of hearing, the counsel for respondents as well as attorney general for Pakistan said that in such cases, jurisdiction of the court under Article 184 (3) could be validly invoked and exercised.
“This being the position, keeping in view the peculiar facts and circumstances of this case vis-à-vis the controversy raised in these petitions, the office objections as regards maintainability of these petitions are overruled. Accordingly, it is held that these petitions are competent,” stated the court order.
When the hearing started, Nawaz Sharif’s counsel Salman Butt informed the court that his client is not the owner of (legal or beneficial) any of the offshore properties, including, Flats No. 16, 16A, 17 and17A situated at Avenfield House, Park Lane, London.
He said the premier’s name does not appear in the Panama Papers, adding that the premier’s entire income, assets and liabilities are duly declared in the tax returns and wealth tax statements filed with the tax department as well as in Nomination Forms for the General Elections 2013.
“Answering respondent (Prime Minister Nawaz Sharif) fulfills the requirements of Article 62 and 63 of the Constitution as well as is fully compliant with his obligation of declaration of assets and liabilities under the provisions of the Representation of People Act ROPA, 1976,” stated Butt.
He added that none of the PM’s children are his dependents nor any of them has been declared as his dependent in his tax returns.
However, Butt sought time for filing a concise statement on behalf of Maryam Safdar, Hassan and Hussain Nawaz.
Expressing displeasure over the request, Justice Sheikh Azmat Saeed observed that despite 15 days given time, counsel has failed to submit the ‘important’ replies seemingly sidestepping the matter.
Butt argued that his clients are abroad and he needs time for consultations.
“We want this case to be decided expeditiously,” observed the chief justice, adding that no further request for adjournment will be entertained. Reluctantly, the chief justice granted time declaring it as the last chance and ordered to file concise statement on November 7.
Hamid Khan, counsel for Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan, told the court that if an individual fails to submit a reply in any matter, it is considered that he or she is accepting the allegations.
He pleaded to pass order after the submission of ToRs by petitioners and respondents and concise statements by Maryam, Hassan and Hussain.