Panama Case - Post Verdict Discussion and Updates

[Farah Sohail]

You would agree with me that I have posted earlier about the laid back attitude of the original Panama case petitioners since the verdict. Knowing full well that a monitoring Judge is in place to "oversee the references".
Let me repeat: to oversee the references.

Before the 28th July verdict, NAB had agreed that it would reopen the Hudaibia Scandal case within 7 days.

When NAB failed to reopen the Hudaibia case, why did the three original petitioners keep their mouths, eye and ears shut and keep their hands tied behind their backs?

If as per SRA now, SC is showing a tilt to go easy on Sharif Family, what or who stopped him from going to the courts after the 7 day to reopen hudaibia case timeline expired weeks ago?

There are so many aspects of a need to file cases, Nawaz gave so many excuses to file contempt of court cases but why there were no takers?

If SC is showing a lack of notice towards PMLN, then why the opponents were not knocking the door of SC earlier to make them take notice of violation of its verdict? (i'm not talking about references but hudaibya, contempt and still using Govt resources and still calling him PM)

I posted about IK visiting the family in Lahore of Martyred on 27th, took him long enough to enjoy his vacations to get there, the thugs in government never even cared to even call.

If such cases were not warranted earlier then why SRA woke up and filed for one now?

We keep hearing a lot is going on behind the scenes. This same "behind" is what has kept this nation in the situation it is in, behind.

Jan jal jati hay sab harkatain daikh aur sunn sunn Kay...

If it was not for an act of mercy of Allah Subhan Taala that #Panama leaks were disclosed by #ICIJ, this System, it's stake holders and Nawaz actually deserve one another.

You are right.. I have a feeling tht IK has somewhat lost interest in this panama case..or he thinks tht panama case has taken too much of his time already..and now he wants to focus on next elections.

Sheikh Rashid is the man now, to watch out for.. He is going for the kill... Good tht SR has filed case on hudaibya...lets see...what monitoring judge does now..on this, if any thing at all?

I cant tell..how much I miss Justice Khosa I sooo sooo wish tht he was th monitoring judge..OR somehow this JIT report was presented before him too ....ufff... Agar ye JIT report Justice Khosa ko mil jaati.....ufff...inhon ne tu tabahi machaa deni thee....Justice Khosa bhtt strict verdict detay ..iss JIT report par...lekin.. unhon ne aur Justice Gulzar ne tu JIT report ke baghair hi disqualify kar diya tha... Agar in ko JIT report mil jaati.tu maza aajata

 

[Shane]

You are right.. I have a feeling tht IK has somewhat lost interest in this panama case..or he thinks tht panama case has taken too much of his time already..and now he wants to focus on next elections.

Sheikh Rashid is the man now, to watch out for.. He is going for the kill... Good tht SR has filed case on hudaibya...lets see...what monitoring judge does now..on this, if any thing at all?

I have been saying repeatedly that all three petitioners dropped the ball after the verdict. From their lack of judicial follow-up, we can deduct that they were surfing the political good wave after verdict and left the judicial follow-up to SC.

Instead of being proactive on the judicial front, they were laid back and choose to play wait and see while Nawaz started playing his game even after being disqualified, no body from the three petitioners ever bothered to knock on the door of SC on any matter.

After two weeks of mucking around daily in front of favourable Tv news show anchors, PTI finally got back in the game and decided to move ECP against PMLN still having Nawaz as its head and using his Name even after DQ. WOW, very prompt but still nothing on mother of all cases Hudaibia.

At Sukkar Jalsa, SRA said that IK has told me to move court so I'm gonna file a case on Monday, hence we see this petition by SRA that Hudaibia case not reopened by NAB within 7 days....After a full month of lapsed time...very prompt indeed.

I'm not saying that they are goofs, they have the right to do whatever and whenever they see it fit.

It's just that we should not expect Supreme Court to run ahead of the petitioners themselves if petitioners chose to imitate the sleeping hare themselves.

 

[Farah Sohail]

I have been saying repeatedly that all three petitioners dropped the ball after the verdict. From their lack of judicial follow-up, we can deduct that they were surfing the political good wave after verdict and left the judicial follow-up to SC.

Instead of being proactive on the judicial front, they were laid back and choose to play wait and see while Nawaz started playing his game even after being disqualified, no body from the three petitioners ever bothered to knock on the door of SC on any matter.

After two weeks of mucking around daily in front of favourable Tv news show anchors, PTI finally got back in the game and decided to move ECP against PMLN still having Nawaz as its head and using his Name even after DQ. WOW, very prompt but still nothing on mother of all cases Hudaibia.

At Sukkar Jalsa, SRA said that IK has told me to move court so I'm gonna file a case on Monday, hence we see this petition by SRA that Hudaibia case not reopened by NAB within 7 days....After a full month of lapsed time...very prompt indeed.

I'm not saying that they are goofs, they have the right to do whatever and whenever they see it fit.

It's just that we should not expect Supreme Court to run ahead of the petitioners themselves if petitioners chose to imitate the sleeping hare themselves.

While I agre with you...but legal follow up..was responsibility of SC, and not the petitioners.. Petitioners fulfiled their obligation /duty by filing petiton and arguing over it.. Their role ended..once final verdict came.. SC had itself appointed monitoring judge... From then onwards..it was the responsibility of SC.. Petitiners rightfully expected..tht SC will take care of the rest..just as they were vigilant...in the JIT phase... Petitioners thought tht now since SC has appointed monitoring judge..it will look after remaing matters itself.. If SC was waiting for petitioners to knock their door..when SC itself gave the verdict..then sorry to say..it is anything but justice.. It is the responsibility of SC to do complete justice.... This is what SC is for..and this is what article 187 says..complete justice....

Atleast one of our confusion is cleared tday tht there will be no public hearings by monitoring judge.. Ok fair enough.. But still.monitoring judge could do a lot..and gve directions...like J Amir Hani Muslim..he could do a meeting with NAB..ask for progress... but he hasnt bothered to come to Islamabad since vacations..and is hearing cases in lahore.. Nw he will be in Islamabad by 5th...after Eid..and 8th is the date to file references.. Dekhtay hain ke woh 3 days main kia kar lete hain?

Good tht Sheikh Rashid has filed petition on hudaibya... Lets see..if monitoring judge cares to do anything abt it? Honestly i doubt tht SC will ask NAB to reopen hudaibya.. SC cant order this.. This was even mentioned by J Khosa in his verdict tht being the appellate court..SC cant ask NAB to file an appeal before it... So i am not hopeful abt tht..but atleast this should be a wake up call for monitoring judge regd NAB's role.. Shayad unhein hosh aajaye....? Aur phir NAB ko theek se monitor karein...? Kaash aisa hojaye???

 

[Shane]

While I agre with you...but legal follow up..was responsibility of SC, and not the petitioners.. Petitioners fulfiled their obligation /duty by filing petiton and arguing over it.. Their role ended..once final verdict came.. SC had itself appointed monitoring judge... From then onwards..it was the responsibilit of SC.. They rightfully expected..tht SC will takr care of the rest..just as they were vigilant...in the JIT phase... Petitioners thought tht now since SC has appointed monitoring judge..it will look after remaing matters itself.. If SC was waiting for petitioners to knock their door..when SC itself gave the verdict..then sorry to say..it is anything but justice.. It is the responsibility of SC to do complete justice.... This is what SC is for..and this is what article 187 says..complete justice....

Again, Let me argue for the SC Panama Bench here for arguments sake.

The verdict did disqualify NS.

In the verdict of 3 judges, they were inclined to send the matters of corruption to trial courts all along saying SC is not trial court.

They ordered reopening of Hudaibya case. NAB agreed to reopen in a weeks time.

They appointed monitoring Judge for references in trial court.

Final verdict concludes Panama case bench proceedings. Justice completed under 187 ( defence has right to file for review in front of same bench, otherwise it has concluded).

In my understanding, the five member bench does not have the power of suo moto.

Only CJP can take suo moto.

The defendants file for review.

NAB approaches SC for permission to take JIT statements.

The petitioners chose not to disturb SC.

The monitoring Judge has a schedule laid out. He is in Lahore and he had decided to start monitoring proceedings after six weeks time to file references.

The petitioners chose not to disturb SC at first but now they file against NAB for not reopening Hudaibya case after nearly a month has passed.

My argument is that if monitoring Judge was on vacation or not taking notice then what stopped the petitioners to move court earlier?

But still, I also take it as a good, strong point of yours that it is up to the SC to see that it's verdict gets implemented to the letter. It certainly did not bother to take notice of the failure of NAB to reopen the case after 7 days in violation of Panama Bench order.

It must be the responsibility of the monitoring Judge too to oversee the Hudaibya case also but I'm not 100% sure.

Really admire the judgement of Justice Khosa and Gulzar but in retrospect, they should have gone along with the idea of JIT to really have a strong say in the final verdict.

 

[Farah Sohail]

The monitoring Judge has a schedule laid out. He is in Lahore and he had decided to start monitoring proceedings after six weeks time to file references.

.

How do we know tht monitoring judge had to start monitoring once reference is filed?

No

Quoting from court order:

The Hon’ble Chief Justice of Pakistan is requested to nominate an Hon’ble Judge of this Court to supervise and monitor implementation of this judgment in letter and spirit and oversee the proceedings conducted by the NAB and the Accountability Court in the above matters.

So who will make sure now tht NAB doesnt play tricks and file weak references to save sharif family? These judges have themselves given numerous observations regd NAB's role.. They know..to what extent sharif family can go..esp after Chairman SECP record tampering case..and yet monitoring judge is totally indifferent

Monitoring judge had to ensure tht NAB does its job properly, and legally strong references are filed... Date of filing refrences is 8th sept and J Ijazul Ahsan will be in islamabad, earliest by 5th..tht is after eid olidays.. So what miracle..will he be able to do..in just 3 days? Once weak refrences is filed..then everything from rhen onwards will be a farce.. Strong references are the basis..on which eveything will later depend on.. Weak references and we have already seen the result in Zardari getting acquitted..

First and foremost responsibility of monitoring judge is to ensure tht strong refrences are filed...yet he will have only 3 days..to look into everything because he didnt bother to get back to Islamabad before tht.. What does this tell you?

 

[Shane]

What does this tell you?

That they take their holidays very seriously.

We can only speculate on motives but it's safe to say that everyone except Nawaz is treading their path extremely carefully instead of proactively, strongly and boldly.

That is why it was so nerve wrecking for many that if monitoring Judge has not started his oversight then how strong will be the contents of the references.

I think there should be a revision of references to be filed, amendments made if need be, and then their subsequent submission according to the directions of the monitoring Judge.
Nothing else shall make any sense but justice denied even before the cases start. It's all visible in plain sight. How can such an eye wash be possible with so much media scrutiny?

 

[Strike!]

Here's what i think will happen: Justice Ijaz-ul-Ahsan will read the final reference before they are filed and if NAB try to file weak references, try and catch them at that point and delay the filing of references.

 

[fatman17]

‏ہم پے یہ کس نے بڑا کیس ڈالا
مجھے کیوں نکالا
کیوں نکالا
اف مار ڈالا
‎@arsched ‎@ShkhRasheed ‎@Asad_Umar ‎@fawadchaudhry ‎@siasatpk https://t.co/PCWpkWD2S5

 

[fatman17]

‏نیب کی کارکردگی جاننےکیلئےیہی کافی ہےکہ زرداری جیسا بندہ تمام کیسز میں باعزت بری کردیاگیا
ن لیگ اور PPP نےادارےمفلوج کرکےسب سےبڑا ظلم کیا ہے

 

[fatman17]

‏کاروبار لندن میں، بچے لندن میں، عید منانا لندن میں، پراپرٹیاں لندن میں، بینک اکاونٹ لندن میں۔۔میاں صاحب انگلینڈ کا الیکشن کیوں نہی لڑتے؟

 

[QatariPrince]

 

[El_Swordsmen]

‏نیب کی کارکردگی جاننےکیلئےیہی کافی ہےکہ زرداری جیسا بندہ تمام کیسز میں باعزت بری کردیاگیا
ن لیگ اور PPP نےادارےمفلوج کرکےسب سےبڑا ظلم کیا ہے

NAB going in appeal to High Court in cases against zardari

Irfan Mangi's statement will be important as he is a NAB officer

 

[fatman17]

NAB going in appeal to High Court in cases against zardari




Irfan Mangi's statement will be important as he is a NAB officer

Need to present evidence which is available but NAB itself destroyed the cases v AAZ. This needs to go to the SC for actual justice.

 

[QatariPrince]

نیب راولپنڈی میں کمبائنڈ انویسٹی گیشن نےواجد ضیاء کا بیان رکارڈ کیا، ذرائع
جے آئی ٹی سربراہ نے نواز شریف اور اہلخانہ سے تفتیش کی تائید کردی، ذرائع
واجد ضیاء نے نیب کے سوالنامے کا جواب بھی جمع

واجد ضیاء نے نواز شریف، حسن، حسین،مریم کے بیانات کی بھی تائید کردی، ذرائع

 

[Farah Sohail]

I think there should be a revision of references to be filed, amendments made if need be, and then their subsequent submission according to the directions of the monitoring Judge.
Nothing else shall make any sense but justice denied even before the cases start. It's all visible in plain sight. How can such an eye wash be possible with so much media scrutiny?

@bold I agree.. Theres so much media scruitny..even i am perplexed..tht how will monitoring judge /SC justify an obvious lapse/eyewash..esp when monitoring judge was appointed..for the sole purpose to ensure tht this judgment is implemented in letter and spirit and monitor proceedings of NAB and accountability court? Eyewash will harm SC credibility to extreme extent.. Already media has started to talk abt...tht where is monitoring judge? Media is screaming abt the tricks tht NAB is playing.. Yet monitoring judge is indifferent uptil now....Another blessing in disguise is tht zardari is acquitted in exactly these days from NAB court.. So NAB's role is once again in the limelight tht how weak references and non prosecution by NAB led to zardari's acquittal.. Maybe this will /can serve as a wake up call to monitoring judge..? But everything depends on monitoring judge and his intentions..

I am so pissed off..because i had very good image of J Ijazul Ahsan.. I thought tht out of those three judges..he understood sharif family and their tricks best.. His was the most harsh verdict, after J Khosa, even though he didnt disqAlify NS..in his 20th april verdict..

When he was appointed monitoring judge...I was happy.. I thought he will play a proactive role....Yet it seems...he has taken a total u turn..initially i was waiting for his vacations to be over..but when he came back and went to lahore..instead of going to Islamabad and perform his duties as monioring judge...this is what pissed me..a lot... For two consecutive weeks...after vacations..he is in lahore...then eid...and then three days left..till 8th sept

You are right.. The only solution is tht..final references should be revised according to the directions of monitoring judge..and then filed.. IF This doesnt happen...then it will be an obvious NRO and then SC /monitoring judge should be shamed in the media..