Next week bulaya hai ...as per channel 24 ...
today's Express Newspaper
ISLAMABAD: A three-judge special bench of the Supreme Court dismissed the objections of PM’s son Hussain Nawaz to two members of the Panamagate JIT. And in the wake of the court snub, the ruling party has decided not to continue on the collision course with the inquiry panel in a bid to dispel the impression of reluctance to comply with the court orders.
“We don’t find any substance in the application,” said the special bench, headed by Justice Ejaz Afzal Khan, while issuing a three-page long, written order over the PM’s son plea expressing concerns over the conduct of JIT members Bilal Rasool and Aamir Aziz.
Commenting on Hussain’s objection to Rasool, the order stated that relationship alone with a political rival of the applicant (Hussain) or his father (the PM) would not as such give rise to a reasonable fear that the investigation would be biased or partial.
“If relationship of the officer with one of the political rivals of the applicant or his father is considered to be a ground for substitution of a member of JIT then we don’t think any investigation could be held to be impartial and non-partisan because, in this society, such (a) relationship can be found everywhere,” stated the order.
It went on to say that the partiality and predisposition of Aziz, another JIT member, was not of a nature which could be considered on mere allegations and in the absence of anything concrete, at least at this stage when nothing significant in terms of collection of evidence has been done so far.
“The allegations thus being premature and unsubstantiated do not warrant substitution of any member of the JIT, at least at this stage.”
The court observed that the judgments cited at the bar by Khawaja Haris, the counsel for the applicant, were “quite enlightening on the question of bias, partiality and predisposition” but all of them related to judicial and quasi-judicial proceedings.
It also observed that the counsel did not cite any precedent in which an investigation officer was changed or substituted just on the basis of an allegation.
“We do not feel inclined to pass (such an) order asked (by the petitioner). In any case, if we noticed any such thing evincing bias, partiality, or predisposition on the part of any member of the JIT in favour or against either of the parties during the course of investigation, we would pass an appropriate order in this behalf,” the order stated.
In another plea, the bench directed the JIT to proceed strictly in accordance with the law by paying due regard to human dignity. “This, we think is sufficient to cover all concerns of the applicant. This CMA stands disposed of,” says the order.
And with the top court dismissing objections to the two JIT members, Prime Minister Nawaz Sharif has decided to dispel the impression that the ruling family is reluctant to comply with the top court orders.
The Express Tribune has learnt that if the JIT summoned the Prime Minister in person, the PML-N leadership would not contest the decision, unlike Hussain Nawaz and Tariq Shafi.
According to sources in the PML-N, the top party leaders were previously thinking about moving the Supreme Court in case the PM was summoned by the JIT, with arguments that since the PM’s family members were being harassed by JIT members, the PM should be exempted from making a personal appearance and instead interrogated via a questionnaire.
The premier’s decision to appear before the JIT also has political dimensions, according to the sources.
Panamagate case: Hussain Nawaz testifies before JIT
Requesting anonymity, one of the PM’s confidantes said Sharif’s refusal to appear before the JIT would adversely affect the PML-N’s public popularity, besides creating suspicions about the Sharif family’s position in the Panamagate.
“Such a move will not only amount to contempt of court but will also allow the opposition to have a joyride at our expense,” he said.
On the other hand, the source said PM’s appearance before the JIT would give him a ‘high moral ground’.
“That a man in his position surrendered himself for accountability and appeared before an inquiry panel will relay a strong message. Regardless of the outcome of this inquiry, such a move will certainly help us politically,” he said.
Moreover, the politician said, the ruling family was not in a position to withdraw from its earlier stance regarding extending all-possible support to the JIT.
“The PM is the central character of this entire episode. If he acts in defiance, the pressure would keep mounting on us to come clean on the Panamagate. Confrontation, therefore, is not an option,” he said.
The sources said that the PM’s son and cousin moving the apex court was a ‘tactical’ move on the part of the Sharif family to sense the ‘mood’ of the judges. “And the court is in no mood to adopt a lenient view as far as the JIT is concerned.”
PM’s Adviser Ameer Muqam said the PML-N leadership has already made it clear that it would cooperate with the JIT.
“We have reservations over the functioning of the JIT and over personal linkages between some JIT members with leaders of opposition parties. That is why we moved the court. But we cannot even think of defying the apex court’s orders… we will do everything in accordance with the law and in line with the SC’s directives,” he told The Express Tribune.
Asked if the PM had decided to appear in person before the JIT, Muqam said: “When it is said that there will be complete cooperation with the JIT, this covers everything. Our leadership believes in the supremacy of the Constitution and rule of law and we respect the judiciary.”