• Tuesday, November 12, 2019

CJP declines to form 'toothless commission' on Panama leaks

Discussion in 'Insaf - Justice' started by Devil Soul, May 13, 2016.

  1. Devil Soul

    Devil Soul ELITE MEMBER

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    http://www.dawn.com/news/1258127/cjp-refuses-formation-of-judicial-commission-to-probe-panama-leaks

    ISLAMABAD: Chief Justice of Pakistan (CJP) Anwar Zaheer Jamali on Friday declined the government's request to form a “toothless” judicial commission to probe revelations that have surfaced in the Panama data leaks.

    The government had last month sent a letter to the Supreme Court registrar, requesting that the chief justice constitute a high-level judicial commission to investigate the veracity of the allegations against the premier and his family.

    In response to the government's request, a letter issued by the SC registrar says:

    Key points from SC reply to govt

    • Scope of proposed commission too limited
    • List all individuals, companies to be probed
    • ToRs too wide, open-ended
    • May take years to conclude proceedings
    • Reconsider legislation to empower commission

    “The formation of a commission under the Pakistan Commission of Inquiry Act 1956 (Act VI of 1956), looking to its limited scope will result in the constitution of a toothless commission, which will serve no useful purpose.”

    The letter observes that the terms of reference (ToR) of the proposed commission are so “wide and open” that “it may take years” for the commission to conclude proceedings.

    The letter also says that “before forming an opinion as to the formation of the inquiry commission, it is necessary to have the list of all individuals, families, groups, companies... along with some relevant particulars, against whom purported inquiry proceedings are to be held...”

    The Supreme Court has also asked the government to “reconsider and resolve the issue of formation of the commission under proper legislation” after which it will decide on the modalities of the inquiry commission.



    Terms of Reference
    Formally withdrawing their demand for the prime minister’s resignation in light of the Panama leaks, nine opposition parties came to an agreement last week upon a draft of the terms of reference (ToR) for the judicial commission to investigate the allegations thrown up by the Panama Papers leaks.

    Opposition parties want a three-member judicial commission headed by the CJP set up through an act of parliament, which should first hold an inquiry against the PM and his family members. The commission will be given three months, extendable to four, to complete the task.

    Only then, according to the opposition-drafted ToR, can it start proceedings against other Pakistanis named in the Panama Papers and will have a year to complete this task.

    Earlier, the government rejected the draft of the ToR, indicating it was willing to sit with the opposition to come up with terms of reference that were focused on eliminating corruption and did not target the prime minister personally.

    Panama leaks revelations
    An investigation published April 3 by an international coalition of more than 100 media outlets ─ based on 11.5 million records and 2.6 terabytes of information drawn from the internal database of Panamaian law firm Mossack Fonseca ─ details how politicians, celebrities and other famous people use banks, law firms and offshore shell companies to hide their assets.

    According to documents available on the ICIJ website, Prime Minister Nawaz Sharif's children Maryam, Hasan and Hussain "were owners or had the right to authorise transactions for several companies".

    The data leak revealed the financial wheelings and dealings of over 200 Pakistanis, including the late Benazir Bhutto, Rehman Malik and other prominent politicians and businessmen.

    Since the data leak, PM Nawaz has been under immense pressure at the hands of the opposition to ensure a transparent inquiry is held to justify his children's offshore companies.
     
    Last edited by a moderator: May 13, 2016
  2. Musafir117

    Musafir117 ELITE MEMBER

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    haha running away judge! But he is right. Now what? Only army remain to solve the case:coffee:
     
  3. IceCold

    IceCold PDF VETERAN

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    Opposition was demanding this and now the CJ backed out. What will the opposition now demand? I think maybe the opposition had come to know about this and hence they asked PM to come to the Parliament and answer the 7 questions, knowing he never will a d they will expose him for what he really is, a dictator wearling the clothes of democracy.
     
  4. notorious_eagle

    notorious_eagle PDF THINK TANK: CONSULTANT

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    Not really, he has thrown a bone and stated clearly that a commission can be formed with reformed TOR's. This was basically a shut up call to the Government.
     
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  5. Mrc

    Mrc ELITE MEMBER

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    By the time this commission is formed .... next elections would be over....
    Khan sahib shud have concentrted on rrforming election commission and good governance in kpk....instead of continuously trying to derail the system and trying to sneak himself to throne....

    Now he will loose 2018 election massively
     
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  6. I S I

    I S I SENIOR MEMBER

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    This. But wait how dare you speak against our lord Imran Niazi you patwari???? You must be paid by maryam.
     
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  7. Stealth

    Stealth ELITE MEMBER

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    LOL half news posted... the real story is

    CJ rejected Nawaz Sharif topi drama dhuk bari story of 1947 say laykar aaj tak sab ka ahtesaab karain pehlay... CJ said it will take YEARSSSS to investigate all. Provide specific names and time lol

    Secondly London court’s 1999 decision proves Sharifs own Park Lane flats

    ISLAMABAD: The London High Court’s 1999 decision in the Hudaibiya Papers Mills loans acquired through the Al-Towfeek Investment Fund is the most convincing and irrefutable documentary evidence proving the Sharifs’ association with the London flats which the prime minister’s children claim to have purchased in 2006.

    Though the children of PM have been trying to justify that they had purchased the London flats after selling their steel mill in Jeddah, the London court in 1999 had proceeded against Mian Shahbaz Sharif, Mian Abbas Sharif and Mian Muhammad Sharif for defaulting on a loan obtained from the Al-Towfeek Investment Fund in the name of Hudaibiya Paper Mills and had attached four properties of the Sharifs.


    Those four properties are the same which the PM’s son says he had bought in 2006 along with offshore companies. The Sharif family in its response has clearly mentioned that after selling the business in Saudi Arabia in 2006, the money was transferred through legal channels to the UK where the offshore companies and London flats were bought.



    However, the UK’s high court decision of 1999 proves it beyond an iota of doubt that the Sharif family was the declared owner of the London flats because it obtained a loan facility from a UK-based investment fund by pledging these properties with the fund. The Sharif family’s response so far has mainly remained focused on the post 2006 transactions while the family has so far tried to avoid discussing the details of offshore companies from 1993 to 2006. How will the Sharif family justify their claims of not owning the offshore companies and London flats prior to 2006 is yet to be seen.



    Perhaps, the London High Court’s decision of 1999 is the only document which can put the Sharifs in trouble. Before the London High Court, there were four defendants: Hudabiya Paper Mills Ltd (first defendant), Mian Mohammad Shahbaz Sharif (second defendant), Mian Mohammad Sharif (third defendant) and Mian Mohammad Abbas Sharif (fourth defendant) and the plaintiff was the Al-Towfeek Investment Funds Ltd.



    The London High Court on February 5, 1999 ruled: “It is hereby ordered that: 1) the defendants’ application under RSC Order 12 Rule 8 be refused. 2) Costs of this application be paid by the defendants to the plaintiff to be taxed if not agreed.”



    On March 16, 1999, the court delivered its judgment ordering Hudabiya and the three other defendants to repay the loan. The amount due was not paid and on November 5, 1999, the court by a one-page order ordered that the properties of the Sharifs be attached. The judgment said that upon reading the witness statements of Shezi Nackvi filed on the 26th October, 1999, and 5th November 1999 whereby it appeared that by a judgment made on the 16th March 1999 in the High Court of Justice, Queen’s Bench Division, the defendants were ordered to pay to the plaintiff the loan money but till date it remained due and that the defendants have a beneficial interest in the assets specified in the schedule thereto.



    “It is ordered by Master Trench that unless sufficient cause to the contrary be shown before a judge in chambers in Room No. E101, Royal Courts of Justice, Strand, London, the second and third and the fourth defendant’s interests in the said assets, to the extent of their respective interests, shall and it is ordered in the meantime it do, stand charged with the payment of loan due on the said judgment. And it is further ordered that this application and all documents supporting it be served on the companies named in para 16 of the first witness statement of Shezi Nackvi, as to which leave is granted to serve them in the British Virgin Islands, and also the creditors named in paragraph 4 of the said Mr Nackvi’s second witness statement, as to which leave is granted to serve the same in Pakistan or in the state or states where any of them are registered.”



    The schedule lists the four properties owned in London by the Sharifs: 16, 16A, 17 and 17A Avenfield House, at 117-128 Park Lane, London.



    Hussain Nawaz, son of the prime minister, has told the media in his repeated statements that only after selling a steel mill in Saudia Arabia in 2006, he bought two offshore companies Nielsen Enterprises Limited and Nescoll Limited and then purchased flats number 16, 17, 17A of Park Lane London in the names of these offshore companies. He said that he or any member of his family never owned these offshore companies before 2006.



    According to the UK government official documents, following are the details of these flats and their ownership since 1993.



    Flat 16, Avenfield House, Park Lane, London, Registered Owner: NIELSEN ENTERPRISES LIMITED care of Messrs Dibb Lupton Broomhead (reference LJR), 125 London Wall, London EC2Y 5AE. Title Number: NGL338285. Flat was registered in the name of Nielsen on July 31, 1995. The official documents say that flat only comprises the portion on 3rd floor of the building and property was made in 1978.



    Flat 16A, Avenfield House, Park Lane, London, Registered Owner: NIELSEN ENTERPRISES LIMITED care of Messrs Dibb Lupton Broomhead (reference LJR), 125 London Wall, London EC2Y 5AE. Title Number: NGL351184. Flat was registered in the name of Nielsen on July 31, 1995. The official documents say that flat only comprises the portion on 3rd floor of the building and property was made in 1979.



    Flat 17, Avenfield House, Park Lane, London, Registered Owner: NESCOLL LIMITED care of Dibb Lupton Broomhead, of 125 London Wall, London EC2Y 5AE. Title Number: NGL342976. Flat was registered in the name of Nielsen on June 1, 1993. The official documents say that flat only comprises the portion on 3rd floor of the building and property was made in 1978.



    Flat 17, Avenfield House, Park Lane, London, Registered Owner: NESCOLL LIMITED care of Dibb Lupton Broomhead, of 125 London Wall, London EC2Y 5AE. Title Number: NGL342977. Flat was registered in the name of Nielsen on July 23, 1996. The official documents say property was made in 1978.



    The offshore companies Nielsen and Nescoll owned these Park Lane London flats since 1993. How did the Sharif family pledge the flats with a UK bank in 1995 to obtain a financial facility without owning the offshore companies?

     
  8. HAIDER

    HAIDER ELITE MEMBER

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  9. Super Falcon

    Super Falcon ELITE MEMBER

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    Nawaz gave him joy ride trip to Turkey now he is talking

    When he was going to Turkey he knew he got the letter from govt to form commission why he still continued his trip he was servant of Pakistan people he should have done the job first or if he was not interested why he than refused to make commission going to Turkey

    I smell his loyalty belongs to nawaz not law

    He wasted 20 days just to right letter in this digital day
     
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  10. notorious_eagle

    notorious_eagle PDF THINK TANK: CONSULTANT

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    Although i do agree with you, but i firmly support Imran's stance against Nawaz Sharif in this case. Enough is enough, someone has to raise a voice against corruption. This is looted money in Panama, this was supposed to pay for our schools and hospitals. These politicians have looted the country for long enough its time they pay for their crimes.
     
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  11. salarsikander

    salarsikander SENIOR MEMBER

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    Al democrazzyyyy
     
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  12. Taimoor Khan

    Taimoor Khan ELITE MEMBER

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    The CJP used the word "toothless". Now it has been certified by the apex court that Nawaz Shareef got no intention to let these investigation run smoothly with proper conclusion.
     
  13. Jzaib

    Jzaib SENIOR MEMBER

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    @Danish saleem do u understand my point now . Mana tu ap ne ab b nhie ha
     
  14. I S I

    I S I SENIOR MEMBER

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    Govt. & state level work gets done via letters all around the world. Chief justice is not your phuppi to whatsapp you her decision in advance.
     
  15. Indus Falcon

    Indus Falcon SENIOR MEMBER

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    and "is hammam may sub nangay hain"
     
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