Panamagate: Sharifs in thick soup

Author: Farooq Awan

ISLAMABAD: The Sharif family looks to be in the soup after a joint investigation team (JIT) appointed by the Supreme Court of Pakistan to investigate their business dealings abroad has ‘charged’ the PML-N-led government with tampering relevant records in a bid to save the skin of their masters.

Days after a ‘character assassination campaign’ by the Sharif family and some of their die-hard loyalists against some members of the JIT, the investigation panel has told the apex court that not only have some government departments shown reluctance in handing over relevant records but some of the records are even being forged with, a ‘charge-sheet’ that, according to the top court, may have ‘far-reaching consequences’ for the political landscape of the country.

The prime minister is set to appear before the JIT on Thursday along with the relevant record pertaining to overseas business dealings of his family, in second appearance as prime minister of Pakistan, with first in November 1997 before then chief justice Syed Sajjad Ali Shah in a contempt of court case. In an unfortunate incident in the judicial history of Pakistan, an unruly mob of PML-N workers and leaders had stormed the court building and forced then chief justice to adjourn the case against Nawaz Sharif. Though some political commentators have expressed fears for repeat of 1997 episode on Thursday, sanity on the part of ruling league is likely to prevail this time.

Prime minister’s sons Hasan Nawaz and Hussain Nawaz have already been grilled by the JIT several times, besides PM’s cousin Tariq Shafi and State Bank of Pakistan President Saeed Ahmed. All four have accused the investigation panel of being partial to them, accusing some members of even being ‘threatening and authoritative’.

The JIT bashing by Sharif family started with objection on two of its members – SBP’s Grade 21 officer Amer Aziz and SECP Executive Director Bilal Rasool. The objection on Amir Aziz was that he had remained close to former military ruler Pervez Musharraf and had been tasked to conduct inquiries against Sharif family in the past. Likewise, the objection on Bilal Rasool was that he was a close relative of former Punjab governor and now a member of Pakistan Tehreek-e-Insaf (PTI), Mian Azhar. Another objection on him was that he had been a critic of PML-N and the Sharif family on social media.

There is some merit in these objections. However, how far these associations can influence the investigation is not known. The JIT works under the Supreme Court and therefore its handling of the investigation is under judicial review.

Feeling the heat of gruelling investigation sessions, Hussain Nawaz came up with the allegation that JIT members had been ‘pressuring every witness… to change his statement and even to implicate specific persons in wrongdoing’. Claiming that the JIT would be unable to find any evidence against him and his family, he maintained that leak of his photo was not only ethical and illegal but also akin to ‘pressurising’ witnesses appearing before the panel.

Both Hussain Nawaz and Tariq Shafi, the key person in Gulf Steel Mills case, complained to the Supreme Court regarding ‘discriminatory behavior’ of the JIT members. However, their apprehensions were dismissed by the apex court while reposing complete confidence in the proceedings of the JIT.

National Bank of Pakistan (NBP) President Saeed Ahmed, who was summoned by the JIT over his involvement in the Hudaibiya Paper Mills case, in his formal letter to the Supreme Court alleged that some members of JIT had been mistreating him. “I felt that during questioning, I was insulted, threatened and subjected to undue pressure. I was at the Judicial Academy for 12 hours. The long wait during appearances and particularly the first five-hour wait was very unnerving. I do realise that I was there for a criminal investigation as a witness but it seems I was being punished as a condemned person,” he wrote to the registrar.

Ahmed’s name had come into limelight when, after the Musharraf coup in 1999, current Finance Minister Ishaq Dar had declared him a ‘close friend’ and claimed that Ahmed’s accounts had been used to ‘handle’ the Sharif family’s finances. “The previously opened foreign currency accounts of Saeed Ahmed, one of the former directors of FHMC and a close friend of mine, and of Mussa Ghani, the nephew of my wife, were also used to deposit huge foreign currency funds provided by the Sharif family to offer them as collateral to obtain different and indirect credit lines,” Dar had said in his confession in the Hudaibiya case.

However, Dar later disowned his confessions and said his statement was taken under duress. On the face of it, the ruling league from Shahbaz Sharif to Rana Sanaullah and from Tariq Fazal Chaudhry to Asif Kirmani expresses utmost confidence in the superior judiciary and assures it of full cooperation with the investigation process, at the same time it labels the JIT ‘a butcher’s shop’ besides drawing a parallel with Bond movies.

PML-N’s now expelled leader Nihal Hashmi even went one step further when he threatened those investigating the Sharif family in Panama scandal of ‘dire consequences’.

Things are not going to be easy for the ruling league in the coming days as Finance Minister Ishaq Dar is set to be summoned by the JIT after PM Nawaz Sharif. Maryam Nawaz’s name is also being taken who could be next in the line.

The JIT now seems to have extended its scope by including the family of Punjab Chief Minister Shahbaz Sharif and some distant relatives of Sharifs into investigation. At least 45 companies are directly or indirectly owned by relatives of the first family. The JIT has told SECP to present their complete record, besides those owned by Punjab chief minister’s son Hamza Shahbaz.

Another setback for the Sharif family is Qatari Prince Hamad Bin Jasim Bin Jaber al Thani’s refusal to appear before the joint investigation team to record his statement despite repeated summons. He has citied ‘personal engagements’ as the reason behind his inability to testify before the panel.

The Qatri royal had provided two letters to establish the money trail for Sharif family’s London properties during the hearing of Panamagate case before the Supreme Court.

The Supreme Court has already declared in its verdict that if the Qatri prince fails to appear before the JIT, his both letters will have zero legal value and ‘will be thrown in the bin’.

The PML-N’s earlier efforts to convince the Qatri royal through former attorney general Salman Aslam Butt and former chief of defunct Ehtesab Bureau Saifur Rehman, to come to Pakistan have already failed. Gravity of the situation can be gauged from the fact that now PM Nawaz Sharif has dispatched his own daughter Maryam Nawaz, who has reportedly already landed in Doha from London, where she had gone on a week-long visit, to make a last-ditch effort to bring the Qatri prince to Pakistan and make him testify before the JIT.

While Maryam is reportedly in Doha, Prime Minister has reached Jeddah, days after his ’embarrassing’ tour to the kingdom in connection with Arab-US-Islamic summit. Officially, the prime minister, who was not even allowed to speak at the Riyadh summit, has gone to help resolve the Gulf-Qatar crisis. However, insiders believe that his trip to Jeddah is only to secure a ‘second rescue’ by seeking the ‘blessings’ of the Custodian of the Two Holy Mosques. In the past, Saudi Arabia saved Nawaz and provided him safe refugee after Musharraf’s coup in 1999.

The findings of the JIT are crucial to the future of the Sharif family as any decision by the apex court in Panamagate case depends on the recommendations of the investigation panel. And as a matter of fact, despite one year of public debate, several months of court wrangling and most expensive lawyers, PM Nawaz and his family have failed to provide a satisfactory evidence of money trail to the public or in the court room.

Senior lawyer Babar Awan views Nawaz Sharif’s appearance before JIT comprising his own subordinates for a criminal investigation as chief executive of the country a ‘twofold embarrassment’. “Firstly, it is a black spot on the face of the country itself because everybody around the globe is aware of ongoing anti-corruption movement. Secondly, his hardcore supporters are also disoriented, who previously thought that Sharifs were not dishonest,” he opined.

However, former president of Supreme Court Bar Association Kamran Murtaza opined that JIT should not extend the interrogation process to the entire Sharif family – like Shahbaz Sharif and others – because its mandate was limited.

He further said that JIT should answer only the 13 questions which top court’s April 20 judgment posed, adding it would become impossible for the JIT to conclude within 60 days if it extends its scope.

Murtaza stated that he had reservations about maintainability and jurisdiction to even constitution of the JIT as well as its supervision by an SC bench. He said it was not the case of Article 184 (3), the suo motu’s original jurisdiction.

“If the investigation is being carried out by Supreme Court itself and it disqualifies the PM from being member of the National Assembly, then what is left behind for the trial,” he said.

“Can a trial court do a fair trial if Supreme Court refers the matter to a trial court after supervising the entire interrogation,” he asked.

All political opponents of the PML-N are almost silent on the ongoing trial of the Sharif family except Imran Khan, who has has urged the Supreme Court to direct Prime Minister Nawaz Sharif to step down prior to his appearance before the JIT on Thursday.

“The PM should resign before Thursday as he is facing a criminal investigation on the charges of money laundering and tax evasion,” Imran said.

PTI chairman said his supporters will remain orderly but if PML-N takes to streets during the PM’s appearance before the JIT, then his party will also follow the suit.

He added that refusal of Qatari prince to record his statement in Pakistan was a signal that the case had ended for the Sharifs.

Imran Khan’s ‘political cousin’ and Pakistan Awami Tehreek (PAT) chief Dr Tahirul Qadri, however, believes that the JIT was working as an ‘election cell’ of the PML-N.

On his return from Canada, he claimed that PML-N’s manifesto was being prepared by the JIT and that the leaked picture of Hussain Nawaz was also a ‘drama’ of the ‘election cell’.

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