Panamagate: SC tells JIT to outline hurdles to investigation

Author: Syed Sabeehul Hussnain

ISLAMABAD: The Supreme Court of Pakistan on Wednesday directed the head of joint investigation team (JIT) to submit in written as to what problems and hurdles it was facing in investigating the case related to Sharif family’s businesses abroad.

The top court observed that it would seek reply from the attorney general and issue appropriate directions after going through the problems and hurdles being faced by the JIT.

The top court, however, directed Wajid Zia, who is heading the JIT, to submit reply on an application filed by Prime Minister Nawaz Sharif’s son Hussain Nawaz against his leaked picture.

According to the application moved by Advocate Khawaja Haris on behalf of Hussain Nawaz, video recording of the statement of the witness was in derogation of Section 161 and Section 162 of the Code of Criminal Procedure, 1898.

The application pleaded the top court to direct the JIT members to immediately stop the video recording of its proceedings relating to recording of statements and interrogation of witnesses and constitute an independent commission headed by a retired or sitting judge of the top court to investigate leaking of the photograph.

The application further stated that recording of the video during the interrogation had put undue pressure on the witness, adding that the witness was required to record his statement and speak out without being treated like a criminal.

“The only benefit which could have come out of the video recording was, perhaps, to ascertain the truth of the complaints of the witnesses, if any, and were dealt outrageously humiliating treatment,” the application contended, adding that the leaking of photo was aimed at humiliating Hussain Nawaz which was a violation of his fundamental right to human dignity as guaranteed to him under Article 14 of the constitution.

“It also appears to be directed towards giving a message to those who are yet to be summoned by the JIT that they would be at the absolute mercy of the JIT members and they should leave their dignity and self-respect at home,” it further argued. The application alleged that JIT was pressurizing the witnesses whoever appeared before it either for withdrawal of earlier statements or to entirely change the statements and even to implicate specific persons in wrongdoing. During the course of hearing, JIT submitted its second fortnightly report before the bench. The bench reiterating its earlier observations remarked that no extra time would be allowed to JIT for the task assigned to it. Justice Ejaz Afzal Khan after perusing the report observed that the first half of the report mentioned the difficulties faced by the team. He asked the JIT to submit a separate application listing the problems, obstacles and difficulties in probing the case.

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