QatariPrince
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LAHORE - In terms of legal provisions of Civil Procedural Code (CPC) and the Qanune Shahadat, obligation rests with defendant Sharifs to produce Qatari prince before the joint investigation team (JIT) for establishing veracity of the letters earlier produced on his behalf before the Supreme Court in defence of the money trail for purchase of London flats.
The expert opinion of the lawyers dominates that the JIT was competent to call the witness as per the direction of the Supreme Court verdict of April 20 last and not to reach out to the witnesses as it would be overstepping the mandate. A pivotal legal point which debarred the JIT from traveling to Qatar examine the veracity of the alleged third letter of Qatari prince, is the fact that this time Sharifs were in the docks as a private party which laid the onus on them to substantiate their case through documentary material and evidence. If it had been an official case and production of an accused and not witness would be needed, then a direction might have been passed by the competent court to meet the objective.
In this situation if political leaders on the ruling side stress on the JIT for moving to Qatar otherwise they would not accept its findings, is tantamount to contempt of court, said senior advocate Muhammad Azhar Siddiq. He said a section of press has reported the story of the Qatari prince letter to the JIT and leaking information of this highly confidential matter, leads to the impression of a weak case on the Qatari letters otherwise visits of the princes from the Middle East to Pakistan for hunting purposes is not something unknown to the people. Azhar said that the JIT is holding investigations under the Pakistani law applicable to this soil as such the Qatari prince needs to attend the JIT instead of team members proceed to them.
It may be mentioned that the JIT has already rejected the option of traveling to Qatar although it had gathered record from London to ascertain the authenticity of some documentary evidence before it. The previous two letters of the Qatari prince were presented before the SC by the respondents to prove their case and the JIT has sought appearance of the prince to confront him on what he had claimed in the same. But he had refused to show up earlier on security reasons and now on the question jurisdiction of the law.
Former senior judge of the Lahore High Court and the Attorney General Malik Muhammad Qayyum is of the firm opinion that the JIT cannot go to Qatar and had jurisdiction to summon only. He said the law required the Qatari prince to appear before it here otherwise his letters will lose every reason to be admitted as evidence. When the former judge was asked on the modern day video link technology to record the evidence, he discarded this option as not valid in the instant case which was an investigation and not a merely recording of the statement of a person. He said that if the Qatari will not appear, the JIT would complete the investigation without it marking in the report that he was summoned but did not turn up.
Former SCBA president Ali Zafar says it is the responsibility of the Sharifs in the first instance, to effect the appearance of the Qatari prince. However, he said, if the Qatari prince says that he has material to prove the source of income for the Sharifs’ London property, the JIT may write to SC for permission to travel to Qatar but for that end, the JIT should be in the knowledge what that source is.
Barrister Zafar said JIT will not and should not travel to Qatar if the prince had to speak on the letters only which was already rejected by the apex court.
During the court proceedings, The foremost responsibility, he said, is of the defendant to materialize appearance of the Qatari prince.
Goonglo agya
JIT going to Qatar
جے آئی ٹی کے رکن 6جولائی کو قطر جائیں گے، ذرائع
جے آئی ٹی کے ایک رکن کو قطر بھیجنے کا فیصلہ ، ذرائع
جے آئی ٹی کے رکن قطری شہزادے حمد بن جاسم کا بیان قلمبندکریں گے،ذرائع
قطری شہزادےحمدبن جاسم نےجےآئی ٹی کوقطر میں بیان رکارڈ کرانےکی حامی بھررکھی ہے
The expert opinion of the lawyers dominates that the JIT was competent to call the witness as per the direction of the Supreme Court verdict of April 20 last and not to reach out to the witnesses as it would be overstepping the mandate. A pivotal legal point which debarred the JIT from traveling to Qatar examine the veracity of the alleged third letter of Qatari prince, is the fact that this time Sharifs were in the docks as a private party which laid the onus on them to substantiate their case through documentary material and evidence. If it had been an official case and production of an accused and not witness would be needed, then a direction might have been passed by the competent court to meet the objective.
In this situation if political leaders on the ruling side stress on the JIT for moving to Qatar otherwise they would not accept its findings, is tantamount to contempt of court, said senior advocate Muhammad Azhar Siddiq. He said a section of press has reported the story of the Qatari prince letter to the JIT and leaking information of this highly confidential matter, leads to the impression of a weak case on the Qatari letters otherwise visits of the princes from the Middle East to Pakistan for hunting purposes is not something unknown to the people. Azhar said that the JIT is holding investigations under the Pakistani law applicable to this soil as such the Qatari prince needs to attend the JIT instead of team members proceed to them.
It may be mentioned that the JIT has already rejected the option of traveling to Qatar although it had gathered record from London to ascertain the authenticity of some documentary evidence before it. The previous two letters of the Qatari prince were presented before the SC by the respondents to prove their case and the JIT has sought appearance of the prince to confront him on what he had claimed in the same. But he had refused to show up earlier on security reasons and now on the question jurisdiction of the law.
Former senior judge of the Lahore High Court and the Attorney General Malik Muhammad Qayyum is of the firm opinion that the JIT cannot go to Qatar and had jurisdiction to summon only. He said the law required the Qatari prince to appear before it here otherwise his letters will lose every reason to be admitted as evidence. When the former judge was asked on the modern day video link technology to record the evidence, he discarded this option as not valid in the instant case which was an investigation and not a merely recording of the statement of a person. He said that if the Qatari will not appear, the JIT would complete the investigation without it marking in the report that he was summoned but did not turn up.
Former SCBA president Ali Zafar says it is the responsibility of the Sharifs in the first instance, to effect the appearance of the Qatari prince. However, he said, if the Qatari prince says that he has material to prove the source of income for the Sharifs’ London property, the JIT may write to SC for permission to travel to Qatar but for that end, the JIT should be in the knowledge what that source is.
Barrister Zafar said JIT will not and should not travel to Qatar if the prince had to speak on the letters only which was already rejected by the apex court.
During the court proceedings, The foremost responsibility, he said, is of the defendant to materialize appearance of the Qatari prince.
Goonglo agya
اسلام آباد:حسین نوازجےآئی ٹی میں پیشی کیلیےفیڈرل جوڈیشل اکیڈمی پہنچ گئے
JIT going to Qatar
جے آئی ٹی کے رکن 6جولائی کو قطر جائیں گے، ذرائع
جے آئی ٹی کے ایک رکن کو قطر بھیجنے کا فیصلہ ، ذرائع
جے آئی ٹی کے رکن قطری شہزادے حمد بن جاسم کا بیان قلمبندکریں گے،ذرائع
قطری شہزادےحمدبن جاسم نےجےآئی ٹی کوقطر میں بیان رکارڈ کرانےکی حامی بھررکھی ہے
