Panama Papers case: SC adjourns hearing of JI's petition for one month

Justice Massod told the JI counsel that in 2017, the matter was delinked on your request

ISLAMABAD (Dunya News) – The Supreme Court of Pakistan on Friday adjourned the hearing of reopening of Panama Papers case for one month.

A bench comprising Justice Sardar Tariq Masood and Justice Amin-ud-Din Khan took up the case filed in August 2016 by the Jamaat-e-Islami. The party, in its fresh petition, prayed the top court to direct the federation to initiate an inquiry into the Panama Leaks under Article 184(3) of the Constitution without mentioning the name of any politician or businessman involved in the scam.

Justice Massod told the JI counsel that in 2017, the matter was delinked on your request. 

At that time, the Supreme Court gave verdict against only one man (former prime minister Nawaz Sharif).

Justice Masood asked the lawyer why he didn’t request the bench at that time to investigate and hear the case against all 436 people named in the papers.

The JI lawyer requested the court to order NAB to investigate the case. On it, the judge asked him whether he moved NAB or any other institution to investigate the case during the last seven years.

The judge questioned him have you fulfilled your obligation.

Justice Masood observed that was it the duty of the Supreme Court to do everything? How the court order investigation against 436 people without giving them notice?

The judge observed that setting up an offshore company is not a crime. The basic question is to find how the company was established. Issuing any orders against 436 people will be against justice.

The court issued notices to Attorney General Mansoor Usman Awan and others and adjourned the hearing.

SIRAJUL HAQ SPEAKS

Earlier, speaking to media JI Ameer Sirajul Haq said that 436 Pakistanis were named in the Panama Leaks. The JI was the first to seek action against them, but unfortunately, only one person was convicted.

He said that the Jamaat was fighting against corruption in the country.

He said that all the cases against the people who are in the government have been closed. All the institutions have been dealing with the opposition sternly. “We want the Supreme Court to fulfill its duty.”

Siraj lamented that FIA, NAB and other institutions have been doing nothing. Some people are getting richer day by day. “This is a robbery of public money,” he added.

He demanded formation of a JIT (joint investigation team) to probe the Panama Leaks case.

THE PETITION

In April 2016, some 200, and later on 400 more people, were figured in the Panama Papers. They included businessmen and politicians from Pakistan, including the members of Premier Nawaz Sharif’s family accused of setting up offshore companies in the tax havens.

In the present petition the JI submitted that "a large number of persons, many of them holders of public offices, were also allegedly involved in the commission of said offences and had not mentioned in the details of their assets about their investments through offshore companies, so all such holders of public offices were liable to be disqualified from their offices and also be punished accordingly."

Instead of making any politician or businessman respondent, the petitioner chose to make the Federation of Pakistan, Ministry of Law, Ministry of Finance, Cabinet Division, and National Accountability Bureau (NAB) through its chairman as respondents.

The petitioner recalled that despite the fact that the apex court on May 16, 2016, had demanded a list of owners of the offshore companies and the details of individuals, families, groups, companies, etc, which were required by the “Commission of Inquiry”, but the respondent (the government) deliberately did not provide the list.

“It is regretted that the respondents are deliberately delaying and avoiding any proceedings of inquiry into the alleged corruption ... resulting in failure of recovery of public money from abroad and hence the country is facing serious financial hardships”, he petitioner submitted.

"It seems that the respondent NAB is not initiating any action or inquiry/investigation under the provisions of NAO, 1999, despite the fact that eradication of corruption is the sole purpose of the NAB."

Since April 2016, the NAB has not taken cognizance of the matter, “whereas u/s 18 of the NAO, 1999, respondent No 5 has the authority to take suo moto action against all matters of corruption and corrupt practices committed,” according to the petition.

"There had allegedly been matters of corruption and corrupt practices of the magnitude of trillions of rupees of public money, but NAB has not initiated action/inquiry even in a single case as narrated in the media."

The petitioner said that corruption and corrupt practices have allegedly been committed by owners of the said off-shore companies, who are holders of public offices in Pakistan and are in opposition parties.

“The owners of the offshore companies had illegally, without bringing into the knowledge of the state, transferred and invested public money from Pakistan abroad, to establish their Offshore Companies through ill-gotten money.”

The petitioner prayed the court that in view of these submissions, the respondents be directed to initiate inquiry/investigation followed by trial proceedings under the laws of Pakistan and resultantly a direction be issued to them to arrest the culprits and to recover and bring the public money back to Pakistan, which was illegally transferred to some other country.