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Panama Case - Post Verdict Discussion and Updates

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‏شریف خاندان کےاثاثےدنیا کےکتنےممالک تک پھیلے ہوئے ہیں؟
ارشد شریف کاحیران کن انکشاف اس ویڈیومیں
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I am sure now, that there will be no monitoring by J Ijaz ul Ahsan.. Jo hai, jaisa hai..chalta rahay ga... NAB will do whatever it wants..

NAB yet to determine NBP president’s role in abetting Dar

ISLAMABAD: The National Accountability Bureau (NAB) is yet to determine how the president of National Bank of Pakistan (NBP) and others allegedly ‘aided and abetted’ Finance Minister Ishaq Dar in accumulating assets in a short time.

Details about the NBP’s president and CEO Saeed Ahmed emerged when a reference was filed in an accountability court in the federal capital.

The reference, filed by the anti-graft body, stated: “Investigation to the extent of the roles of Saeed Ahmed or other persons in aiding and abetting the accused in acquisition of the stated properties is under progress.”

NAB stated that the accused had refused to appear before its investigators when they summoned him, informing them that he had filed a review petition in the Supreme Court against its July 28 order and advising it to keep its investigation pending till the petition was decided.

An ‘Interim Reference’ was filed in compliance with the apex court order, NAB said. The bureau stated that the reference was based on material collected by the JIT, FIA and NAB till date.

NAB also stated that it reserved the right to file a supplementary reference if additional evidence surfaced. According to the petition, Dar acquired assets and pecuniary interests/resources in his own name or in the name of his dependents exceeding Rs831 billion.

Investigations, NAB stated, had proved that his assets did not match his known sources of income and he had even refused to answer questions or provide information to the bureau in this regard.

As a result, NAB said, he committed ‘corruption and corrupt practices’ as defined under the National Accountability Ordinance of 1999.

While refereeing to the JIT report, NAB maintained that Dar “owned, controlled, and possessed assets and funds in his own name, in the name of his dependents or companies controlled by them”.

NAB moved to include the names of Maryam Nawaz and Capt (retired) Muhammad Safdar along with former prime minister Nawaz Sharif and his sons Hussain Nawaz and Hassan Nawaz in the reference about Avenfield Properties.

The former prime minister and his sons had already been named in three references – ‘Avenfield Flats’, ‘Flagship Investment Limited and 15 other companies’ and ‘Al-Azizia Company Limited, Jeddah and Hill Metals Establishment, Jeddah’.

Maryam and Safdar have only been named in the Avenfield reference.

NAB stated that it conducted an investigation and submitted its report along with the reference in the accountability court.

The accused were summoned but they told NAB to postpone its investigation, contending that they had filed a review petition in the SC.

NAB said that the JIT had requested Mutual Legal Assistance from foreign countries, adding that their response was still awaited.

NAB stated that it reserved the right to file supplementary references “as and when it gets foreign assistance in the Panamagate scandal”.
 
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Judicial surrender?


Just as our national gaze is focused on NAB references against the Sharif family, the review petition in Panama case, and Benazir Bhutto’s murder appeal… a far more pervasive and consequential struggle for the ‘heart and soul’ of our judicial system is being waged in the ongoing Sher Zaman contempt proceedings. And for now, it seems as though the honourable Supreme Court of Pakistan has caved in the face of what is colloquially referred to as ‘wukulagardi’.

For those who are unfamiliar, a brief overview of the facts is necessary.

As has now been widely reported, an ugly episode transpired between one Mr. Sher Zaman, President of Multan Bar Association and honorable Mr. Justice Qasim Khan, as a result of which Mr. Sher Zaman cursed the honourable Judge, vandalised his courtroom, and gathered supporters to chant (despicable) slogans against superior judiciary.

When the matter came to the attention of the honorable Chief Justice of Lahore High Court, Syed Mansoor Ali Shah, he constituted a five-member bench of the honorable LHC, which issue a contempt notice to Mr. Sher Zaman, vide order dated 26th July, 2017, directing him to appear before the said Court on 31st July. The relevant provisions of law (as well as judicial precedents) require that the alleged contemnor must appear ‘in person’ before the Court, in order to answer/respond to the show cause notice. Mr. Sher Zaman, however, refused to accept the notice, and did not tender appearance on the 31st of July.

Over the next three dates of hearing (31st July, 2nd August, and 11th August), Sher Zaman still did not appear before the honourable LHC. Regardless, continued to exercise unprecedented restraint in the matter (not issuing warrants of arrest), primarily based on assurances given by President of LHCBA, Vice President of LHCBA, members of Pakistan Bar Council, Punjab Bar Council, and several senior lawyers, including, Mr. Ahsan Bhoon, Ms. Asma Jehangir, Mr. Farhad Shah and Mr. Ghulam Sarwar Nihung.

Finally, on 21st August (fifth hearing), when the case was next heard, Mr. Sher Zaman once again failed to appear before the Court. Also, no one tendered appearance on behalf of Pakistan Bar Council, Punjab Bar Council, Lahore High Court Bar Association, and Multan High Court Bar Association. Consequently, in light of Mr. Sher Zaman’s “consistent defiance” to appear before the Court, the honorable LHC was left with no option but to issue non-bailable warrants, and to “suspend his licence” to practice law.

Sher Zaman escaped through the porous clutches of our law enforcement, and has not been arrested. Simultaneously, despite the honorable Court’s exemplary restraint in the instant case, and a blatant defiance of judicial orders by Mr. Sher Zaman, for some (absolutely ridiculous) reason, supporters of Mr. Sher Zaman decided to ransack the Lahore High Court building, breakdown its gates, and pelt stones at Court officials and law enforcement agency personnel. And a few days later, the Bar Council restored his license to practice.

The issue did not end there. As Sher Zaman and his supporters upped the ante in their sloganeering and campaign against LHC and its supporters, they were joined by Mr. Nawaz Sharif and company. An alleged lawyers’ convention (which included political actors masquerading as ‘lawyers’) was called, in which members of the higher judiciary were called names and ridiculed. Suddenly, Sher Zaman was not just a contemnor of law… he was a symbol. A manifestation of all that is wrong with our Bar culture, and with the system of justice in this country. He suddenly embodied the very problem that judicial systems are designed to counter: anarchy.

Amidst this chaos, Sher Zaman decided to appeal LHC’s orders before the honourable Supreme Court of Pakistan. There is nothing wrong with that – he had a right to do so. In fact, the move was welcomed by many sane-minded observers… because it provided an opportunity for the apex Court to settle the matter, once and for all, and remind Sher Zaman (and his supporters) that they cannot hold the entire judicial system hostage with their hooliganism.

The honorable Supreme Court constituted a special five-member ‘larger bench’ (headed by the Chief Justice himself) to hear the appeal. Sher Zaman appeared before the honorable Supreme Court (as a concession of sorts?) and expressed his “regret” at the events. No apology. Just a simple (defiant) regret. Because, after all, why would a lawyer demean himself so as to apologise to a court of law.

It was expected that the honourable Supreme Court would sternly reprimand Sher Zaman, and direct him to appear before the LHC to explain his stance. Regrettably however, the honorable Court did no such thing. It simply directed the Registrar of the LHC to submit a report concerning the relevant facts, and urged the LHC to “await the outcome” of Supreme Court proceedings, which have now been adjourned till October. And a very senior member of the legal fraternity (on assurance of anonymity) confided to this author that “October will never come, and this case will not be heard again”.

For somebody who wears the black coat, and is in the business of defending the honorable Court in public, this is a demoralising order. It reads more like a judicial stamp on the expanding cancer of wukulagardi. And, most importantly, it undermines the High Court and threatens to unravel the judicial authority of our constitutional paradigm.

In the wake of these events, a few questions must be (respectfully) asked of the honorable Chief Justice of Pakistan: why was a special five-member bench constituted to hear the Sher Zaman appeal? Why was it not treated as any other case, to be heard by a smaller bench? What makes Sher Zaman so special? While on the issue, why does the larger bench consist only of (honorable) Punjabi judges? Is there a settlement afoot? Are our courts of law negotiable institutions? Will the law yield to street power of the black coats, as it did so many times during the checkered years of Chaudhary Court? Also, why was Sher Zaman not directed to appear before the LHC, forthwith? Especially when we have all seen the videos and footages of sloganeering and stone pelting?

Also, how would this impact the judicial value and authority of the High Courts? Does this mean that only the weak and emaciated are required to abide by orders of the Court, while others (who can exert notoriety) will be dealt with softer hands? Is street power an antidote to law? Is the new law of our land that if you can gather enough people to block the GPO Chowk at Mall Road, you need not abide by judicial orders? If you can convene a hundred black-coats, you will not be held in contempt? If so, does this law only apply to lawyers, or will the same rule apply to members of political parties and proscribed organisations?

Also, if LHC orders and proceedings are not to be obeyed (immediately), should we simply shut down these (and other subordinate) courts? Or at least declare that High Court orders are optional, and can be ignored if enough stones have been pelted at our cathedrals of justice? Also, does this dictum only apply to those wearing black coats, or should Allah Ditta follow the same?

Just as importantly, if Sher Zaman is allowed to escape the grasps of LHC, even after all the sloganeering and vandalism, why did we convict others (in the past) for contempt of court? Did any of them commit a more egregious contempt (physical and verbal), as compared to Sher Zaman? Should we just scrap the contempt law… or at least make exceptions for all lawyers (and powerful politicians)? Better yet, should we institutionalise certain segments of the society to be beyond the reach of judicial verdict? Should we amend Article 25 (Equality) to state that certain individuals are ‘more equal’ than others?

This is a watershed moment in our judicial history. The genie of wukulagardi, which came out of its proverbial bottle at the start of the Lawyers Movement, has now become uncontrollable. And few courageous souls (e.g. Syed Mansoor Ali Shah) are trying to stand up to this Frankenstein. In case the honourable Supreme Court does not support this cause, or lends leniency to Sher Zaman and his supporters, the final hope of countering this menace will perish. And with it, so will the remnants of judicial authority.

Post-Script: I have been advised that writing this column might amount to contempt of Court. In such eventuality, I only ask to be treated as though I too was President of Multan Bar Association.

Saad Rasool
The writer is a lawyer based in Lahore. He has a Masters in Constitutional Law from Harvard Law School.
 
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let's see what happens in tomorrow's proceedings ... hope judges roast these crooks for maligning SC & Law
 
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let's see what happens in tomorrow's proceedings ... hope judges roast these crooks for maligning SC & Law

I am not sure..if there will be proper hearing tmorrow.. Kh Haris has asked SC...tht only petitions against 3 member bench have been fixed...while they want review petition against verdict of 5 member bench to be fixed earlier than tht of 3 member bench..since 3 member bench cant reverse decision of 5 member bench.so he has asked SC to postpone hearing of petitions against 3 member bench and instead fix review petition ag 5 member bench soon...

So it can also happen..tht once hearing starts tomorrow.. Kh Haris can ask bench tht i have already filed another application. And we want review petition against final court order to be heard first.. So its possible tht judges postpone hearing tomorrow, and say tht ok...until further notice and fixing of review petitions aganst final court order....we postpone this..and ask CJ to fix review petition against 5 member bench soon..
 
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I am not sure..if there will be proper hearing tmorrow.. Kh Haris has asked SC...tht only petitions against 3 member bench have been fixed...while they want review petition against verdict of 5 member bench to be fixed earlier than tht of 3 member bench..since 3 member bench cant reverse decision of 5 member bench.so he has asked SC to postpone hearing of petitions against 3 member bench and instead fix review petition ag 5 member bench soon...

So it can also happen..tht once hearing starts tomorrow.. Kh Haris can ask bench tht i have already filed another application. And we want review petition against final court order to be heard first.. So its possible tht judges postpone hearing tomorrow, and say tht ok...until further notice and fixing of review petitions aganst final court order....we postpone this..and ask CJ to fix review petition against 5 member bench soon..


no notification has been issued yet though but possibility is there that proceeding gets cancelled ... let's see
 
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no notification has been issued yet though but possibility is there that proceeding gets cancelled ... let's see

It can happen tomorrow too..once hearing starts tomorrow... If Kh Haris tomorrow argues this..before the bench tomorrow tht we want ..other petition to be heard first., judges can postpone proceedings tomorrow until further notice..

On another note.. Theres a function today in SC..on start of new judicial year today.. Lets see....if media is able to get any info from there.. Last time Justice Khosa gave an idea abt date of panama verdict..
 
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Oh ok.. So aaj SC main full court function jo hna tha..woh already hochuka hai..

This is what Justice Sheikh Azmat commented on verdict


نااہلی کی جو وجوہات لکھیں وہ معمولی نوعیت کی ہیں جسٹس عظمت:ہم نے ناپ تول کرججمنٹ لکھی ہےزیادہ وجوہات لکھتےتو ٹرائل کورٹ کی کاروائی متاثرہوت

Iska malab..kiya ye hai ..ke ye review main bhi detailed reasons nahi dein ge? Iss comment se tu yehi lagta hai..kiya khyal hai?

@The Accountant @PakSword @Shane @El_Swordsmen @Realistic Change
 
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Oh ok.. So aaj SC main full court function jo hna tha..woh already hochuka hai..

This is what Justice Sheikh Azmat commented on verdict


نااہلی کی جو وجوہات لکھیں وہ معمولی نوعیت کی ہیں جسٹس عظمت:ہم نے ناپ تول کرججمنٹ لکھی ہےزیادہ وجوہات لکھتےتو ٹرائل کورٹ کی کاروائی متاثرہوت

Iska malab..kiya ye hai ..ke ye review main bhi detailed reasons nahi dein ge? Iss comment se tu yehi lagta hai..kiya khyal hai?

@The Accountant @PakSword @Shane @El_Swordsmen @Realistic Change

Do you agree with me now that the judgement was a useless crap? When this 3 member bench announced the verdict, in a few days I started calling it as a useless and very light verdict.

Now judges are also agreeing. They gave concessions.

At least they should have addressed forgery in the verdict, which was an agreed fact, confirmed by another government..
 
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Oh ok.. So aaj SC main full court function jo hna tha..woh already hochuka hai..

This is what Justice Sheikh Azmat commented on verdict


نااہلی کی جو وجوہات لکھیں وہ معمولی نوعیت کی ہیں جسٹس عظمت:ہم نے ناپ تول کرججمنٹ لکھی ہےزیادہ وجوہات لکھتےتو ٹرائل کورٹ کی کاروائی متاثرہوت

Iska malab..kiya ye hai ..ke ye review main bhi detailed reasons nahi dein ge? Iss comment se tu yehi lagta hai..kiya khyal hai?

@The Accountant @PakSword @Shane @El_Swordsmen @Realistic Change

reasoning tou daingy ... itna malign kiya giya hai Judges aur Law ko .... i am seeing more humiliation for shareef clan
Last hearing before judgement main bhi Judges literally roasted nawaz & shareef family for asking "hum py ilzaam kiya hai"

abhi kuch bhi akhaz karna qabal az waqt hoga !!
 
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Do you agree with me now that the judgement was a useless crap? When this 3 member bench announced the verdict, in a few days I started calling it as a useless and very light verdict.

Now judges are also agreeing. They gave concessions.

At least they should have addressed forgery in the verdict, which was an agreed fact, confirmed by another government..

It actually clears one thing.. Tht judges thought there are more reasons for disqualification..than just one..but they chose the reason jis se trial cour ki proceedings effect na hon.. Kiun ke asal baat t disqualify karna tha..woh jis reason se bhi disqualify karein..

Us waqt agar judges ne yeh socha bhi...tu mera khyal hai ke itna ghalat nahi kia..

Lekin ab ..kia hoga? Review main bhi yehi karein ge? After all the insults by sharf family? Justce Azmat ke remarks se kiya lag raha hai? Abhi bhi iss hi mindset se review verdict likhein ge..ya doosri reasons..jo woh samajhtay hain..disqualifcationnki....uska bhi zikr karein ge?

Aaj kisi ne J Ijaz ul Ahsan se kuch nahi poocha? Hairat hai..monitoring ke hawaalay se?

Waisy aaj CJ ne hint kiya hai ke 5 member bench review sunay ga... Shayad new application ke baad..

reasoning tou daingy ... itna malign kiya giya hai Judges aur Law ko .... i am seeing more humiliation for shareef clan
Last hearing before judgement main bhi Judges literally roasted nawaz & shareef family for asking "hum py ilzaam kiya hai"

abhi kuch bhi akhaz karna qabal az waqt hoga !!

Lekin..last hearing ke baad hi tu jo verdict diya,.woh ye soch kar diya ..ke trial cour ki proceedings affect na hon..

Aaj ke inn ke remarks se lag raha hai ke aaj bhi yeh iss hi mind set ke saath review main jayein ge.. Lagta hai ke ab bhi zoada reasons nahi dein ge
 
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Lekin..last hearing ke baad hi tu jo verdict diya,.woh ye soch kar diya ..ke trial cour ki proceedings affect na hon..

Aaj ke inn ke remarks se lag raha hai ke aaj bhi yeh iss hi mind set ke saath review main jayein ge.. Lagta hai ke ab bhi zoada reasons nahi dein ge

whole nation is aware of the "reasons" behind nawaz's disqualification .... honestly i don't even want judges to explain reasons for disqualification .... i just want them to grill nawaz by summoning him for maligning Law & constitution of state
 
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It actually clears one thing.. Tht judges thought there are more reasons for disqualification..than just one..but they chose the reason jis se trial cour ki proceedings effect na hon.. Kiun ke asal baat t disqualify karna tha..woh jis reason se bhi disqualify karein..

Us waqt agar judges ne yeh socha bhi...tu mera khyal hai ke itna ghalat nahi kia..

I seriously disagree with this approach..

They should have mentioned all the reasons and should have given punishments to the ones who provided forged docs. These were agreed facts.. And SC had all the power under some articles to act as trial court..

Lekin ab ..kia hoga? Review main bhi yehi karein ge? After all the insults by sharf family? Justce Azmat ke remarks se kiya lag raha hai? Abhi bhi iss hi mindset se review verdict likhein ge..ya doosri reasons..jo woh samajhtay hain..disqualifcationnki....uska bhi zikr karein ge?

Jin judges main dam tha, unhon ne verdict likh di.. jin main akhlaqi taqat nahi hai, woh tou aisay hi dar dar kar zinda rahaingay, aakhir tak.. chahay unhain kitni hi assurances de di jaein.

Aaj kisi ne J Ijaz ul Ahsan se kuch nahi poocha? Hairat hai..monitoring ke hawaalay se?

I don't think even PTI is interested anymore in this case as they have realized PMLN will win the next GEs. Anyway, it is the last election for Imran Khan.. By 2023, things will comeback to normal.. in the hands of PPP and PMLN.
 
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I seriously disagree with this approach..

They should have mentioned all the reasons and should have given punishments to the ones who provided forged docs. These were agreed facts.. And SC had all the power under some articles to act as trial court..

Jin judges main dam tha, unhon ne verdict likh di.. jin main akhlaqi taqat nahi hai, woh tou aisay hi dar dar kar zinda rahaingay, aakhir tak.. chahay unhain kitni hi assurances de di jaein.

Us waqt agar inhon ne ye apptoach li bhi tee..ke trial court par efefct na paray aur ye iqama wali reason de di..tu us waqt itna ghalat nahi tha.. Lekin uss ke baad jo propaganda PML N ne shuru kiya hai.. Kia ab bhi yeh yehi soch rahay hain ke trial court par asar na paray? Aaj ke Justice Azmat ke remarks se tu yehi lag raha

Ab agar 5 member bench ban raha hai, jaisy CJ ne kaha tu ab J Khosa aur Gulzar mazeed kia likh lein ge? Sab kuch tu woh pehle hi likh chukay hian..unke pass mazeed likhnay ko reh nahi gaya aur abqi 3 judges lagta hai ke kuch aur nahi likhein ge..aaj ke remark se yehi lag raha hai :(
 
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