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‘Should all work be done by SC?’ Judge asks during Panamagate hearing

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  • “Why NAB, FIA not referred to in 7 years?” Justice Masood asks.
  • “Allowed case against single family, was that your aim?” he asks.
  • 2-member bench postpones hearing for one month.

ISLAMABAD: Supreme Court Justice Sardar Tariq Masood on Friday sought a response on forming a Joint Investigation Team (JIT) related to the 436 persons named in the Panama Papers and asked if the apex court was expected to should shut down all state institutions and do everything.

“You cannot bypass the law,” Justice Masood said.

The judge’s remarks came during a hearing of Jamat-e-Islami (JI) Amir Siraj ul-Haq’s request to the apex court that it investigates all the 436 Pakistanis whose names are mentioned in the Panama Papers

A two-member bench comprising Justice Masood and Justice Amin-Ud-Din Khan heard the case filed in August 2016.

Why NAB, FIA not referred?

During the hearing, the top court judge said: “On November 3, 2016, five judges of the Supreme Court declared the Panama case admissible.

Tell us why the National Accountability Bureau (NAB), Federal Investigation Agency (FIA) and anti-corruption institutions were not referred to?”

The bench further took issue with the idea of establishing a JIT in the presence of investigative agencies and asked the petitioner how the Supreme Court could conduct investigations when they existed.

Another issue raised in the matter was how the court could decide without hearing the 436 people named in Panama.

The top court judge then asked Ishtiaq Raja, who was representing the JI leader, if, in the last seven years, the petition had applied to the investigation agencies to launch an inquiry against those named in the Panama Papers.

Case against single family

Justice Masood, during the hearing, inquired Siraj how and why the investigation against those embroiled in the Panama Papers controversy was in the interest of Pakistan.

“The Panama Papers are a matter of public money,” he responded.

At the Justice Masood wondered: “Why did this thought not occur to you when — after 24 hearings — you asked to separate the case.”

It must be remembered that on November 3, 2017, JI through an application reminded the apex court of its pending petition filed in August 2016.

However, the JI amir had then filed a petition asking that the case of then-prime minister Nawaz Sharif be separated since its grounds were too wide.

Harking back to that, Justice Masood came down hard on Siraj and asked: “You allowed the case against a single family, was that your aim?”

“Why did you remember public interest after 7 years?” he further quizzed.

The hearing was then postponed for one month.

The 2016 petition

The JI chief, in 2016, had asked the court to investigate all the 436 Pakistanis whose names are mentioned in the Panama Papers.

These included businessmen and politicians from Pakistan — including the members of then-premier Nawaz Sharif’s family who were accused of setting up offshore companies in the tax havens.

In its petition, Jamaat-e-Islami has prayed to 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, alleged to be involved in establishing offshore companies.

The JI ameer 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 petition added that the respondents were deliberately delaying and avoiding any proceedings of inquiry into the alleged corruption leaks “failing recovery of public money from abroad and hence the country is facing serious financial hardships”.

The petition further requested that the top court direct the respondents to initiate an 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.

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Reaction to the PTI protest call by Fazlur Rehman

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Maulana Fazlur Rehman, speaking on a private television station, said that the PTI is always coming to the streets, which really lessens the impact of a protest.

He also suggested to the PTI leadership that rather than carrying on with the agitation, it should finally put a hard hand down, which would be the final nail in the coffin.

He continued, citing the JUI protests as an example, saying, “We had a strong grip over our protesters and workers, so neither road was closed nor any property damage occurred during protests.”

The PTI has the right to protest, but Maulana Fazlur Rehman described the party’s agitation strategy as insufficient, stating that it is currently being “exposed which maynot be a good sign’.

Ali Amin Gandapur, the chief minister of Khyber Pakhtunkhwa, promised not to go back home unless the PTI founder was freed. During their demonstration, Imran Khan’s wife, Bushra Bibi, encouraged the party officials to come up with strategies to avoid being arrested.

According to an alleged audio recording, she stated that November 24 will be a loyalty test for PTI members.

Additionally, the government of Islamabad has enforced section 144 for a period of two months, which prohibits processions, rallies, demonstrations, and meetings of five or more individuals in the city.

As per the notification, the prohibition forbade meetings in any public space inside the boundaries of Islamabad, including the Red Zone, which encompasses important government buildings, diplomatic missions, and other sensitive sites.

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PTI representatives conjecture in the media over Imran’s approval of bail: FIA investigator

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The hearing on the PTI founder’s bail application in the Toshakhana-2 case has resumed at the Islamabad High Court (IHC), with Justice Mian Gul Hasan Aurangzeb serving as the presider.

The hearing was attended by the defense attorney, Barrister Salman Safdar, and FIA prosecutor Zulfiqar Abbas Naqvi.

Judge Mian Gul Hasan Aurangzeb told the FIA prosecutor to “leave the media alone and exempt yourself from them” in order to avoid commenting on the media. The statement followed the prosecutor’s assertion that the bail would be granted, which had previously been reported by media sources.

In addition, the court questioned whether the receipts in question were issued in the name of Bushra Bibi or the PTI founder itself. Bushra Bibi’s name was on the receipts listed in the challan, according to Barrister Salman Safdar.

Defense arguments
The defense expressed displeasure about the case’s 3.5-year registration wait. The prosecution has swore in Sohaib Abbasi and made Inamullah Shah a crucial witness without requiring them to take an oath.

Barrister Salman Safdar highlighted that multiple agencies, including NAB, FIA, Police, and the Election Commission, have initiated actions related to the Toshakhana case, suggesting procedural redundancy.

Regarding a phony Toshakhana receipt, he contended, the Kohsar Police Station has also filed a case.

Position of the prosecution
The FIA prosecutor, Umair Majeed Malik, maintained that the valuation of the jewelry set mentioned in the case would be explained in the prosecution’s evidence.Justice Mian Gul Hasan Aurangzeb remarked, “If the media does not spread sensationalism, how will they conduct their business?” He dismissed rumors about his health, stating that he was present and hearing the case despite such reports.

Status of Co-Accused
The court was informed that Bushra Bibi, a co-accused in the case, is currently on interim bail and awaiting a decision by Judge Afzal Majuka. Barrister Salman Safdar expressed hope that Judge Majuka would soon announce his verdict.

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Naqvi visits Fazl to express gratitude for contributions to the 26th amendment.

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Federal Interior Minister Mohsin Naqvi convened with Jamiat Ulema-e-Islam Fazl (JUI-F) leader Maulana Fazlur Rehman to deliberate on issues of shared concern and the current political landscape in the nation.

In today’s meeting in Islamabad, Mr. Naqvi asked about Maulana Fazlur Rehman’s health and sent his best wishes for the JUI chief’s well-being and future pursuits.

Naqvi extended his appreciation to Maulana Fazlur Rehman for his crucial contribution to the enactment of the 26th Constitutional Amendment, which he characterised as a significant milestone in Pakistan’s legislative history.

Following the meeting, Naqvi commended Mr. Fazlur Rehman’s commitment to the nation, asserting, “Maulana Fazlur Rehman has consistently prioritised Pakistan’s interests, and his contributions to the country are indispensable.”

The experienced politician reaffirmed his dedication to Pakistan and its populace, stating, “Our priority has consistently been Pakistan and the well-being of its citizens.”

Senator Kamran Murtaza attended the meeting.

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