SC sets up larger bench to hear Panama scandal

Author: By Syed Sabeeh

ISLAMABAD: The Supreme Court of Pakistan on Friday constituted a larger bench to hear Panama-related petitions. A five judge larger bench is headed by Chief Justice Anwar Zaheer Jamali and comprises Justice Asif Saeed Khan Khosa, Justice Amir Hani Muslim, Justice Sheikh Azmat Saeed and Justice Ejaz ul Ahsan.

The larger bench will resume the hearing of Panama-related petitions on November 1, just a day before Pakistan Tehreek-e-Insaf (PTI’s) planned lockdown of federal capital. The top court had already issued a notice to Prime Minister Nawaz Sharif over different petitions seeking his disqualification on account of alleged tax evasion through offshore companies, money laundering and increasing his wealth by looting the public exchequer.

Following the first hearing, which was held on October 20, the top court also issued notices to the premier’s daughter Maryam Safdar, his sons Hassan and Hussain Nawaz, his son-in-law and sitting member of national assembly captain (r) Muhammad Safdar and Finance Minister Ishaq Dar.

Legal experts believe that the top court’s next hearing would be significant, as it would determine whether it could intervene in the matter of Panama Leaks and PTI’s planned lockdown and sit-in. They further believe that Civil Miscellaneous Application (CMA) filed by Tariq Asad in his original petition regarding holding of a sit-in has significance at these crucial moments.

However, President Supreme Court Bar Association of Pakistan (SCBAP) Barrister Ali Zafar said that that it is not the duty or obligation of the Courts to control law and order. That is the responsibility of the government and administration.

“The involvement of the courts in such matters could lead to difficulties if the public choose to defy court orders or the government misuses its authority in an over enthusiastic reliance of court orders,” said SCBAP’s president.

He asked what would happen if the crowd tried to defy court orders and the government was to use excessive force. “Let it be clear to all that we will never ever enter the political arena, but in case of failure of the executive to maintain and protect fundamental rights of citizens, then of course we will intervene,” Chief Justice Anwar Zaheer Jamali, however, had observed during the course of first hearing.

The attorney general for Pakistan is expected to argue before the bench over the maintainability of the petitions. On August 28, Hamid Khan and Naeem Bukhari filed a constitutional petition on behalf of PTI Chairman Imran Khan, seeking disqualification of Prime Minister Nawaz Sharif and members of his family for their alleged involvement in the Panamagate scandal.

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