Panama leak Case Proceedings - JIT Report, News, Updates And Discussion

[Farah Sohail]

IMO we're done with the bench headed by Justice Khosa.

I will miss him and Justice Gulzar

Yea, i think now 3 member bench will decide only.. I dont think theres any question of new bench being constituted

 

[PakSword]

Aur yahan 62 ka ikhtitaam hota hai.

Where no effort was made to prove the statements of respondents No. 7 and 8 to be true and correct, nor was respondent No. 1 confronted with his speeches, it would be against the cannons of law of evidence to use such speeches against him. Once we hold that neither of the speeches of respondent No. 1 could be used against him, the question of availability of privilege under Article 66 of the Constitution shall become irrelevant.

 

[Farah Sohail]

This is 63:

In the latter case when any question arises whether a member of Parliament has become disqualified it shall be dealt with only by the Election Commission on a reference from the Speaker of the Parliament in terms of Article 63(2) and 63(3) of the Constitution. (Emphasis supplied). We would have sent this case to the Speaker in terms of 63(2) or the Election Commission in terms of Article 63(3) of the Constitution but we do not think a question of such nature has arisen in this case as respondent No. 1 has been alleged to be disqualified even on the nomination day on account of having failed to disclose his assets and those of his dependents.

I think Justice Khosa and Gulzar have disqualified on 62 .. Acha ab aap operative part of court order ka woh point parhein ajhan disqualification ka zikr kiya hai ke we will decide after receipt of JIT report..

Disqualification in articles ki basis par hi hosakti hai...kisi aur par nahi

 

[Emmie]

@PakSword isay aisay samjhein.e Justice Khosa aur Gulzar ne bhi tu criminal investigations aur proceedings start karnay ka kaha hai, with monitoring bench.. Lekin saath hi saath unhon ne 62/63 par bhi verdict de diya.. Ab yeh JIT ke baad bhi 3 judges bhi dono kaam saath karein ge.. This is what i think..ke disqualification ka matter JIT report ke baad decise karein ge on basis of 62/63 aur saath hi criminal cases bananay ka kahien ge shayad..

Because after receipt of JIT findings and verification of focuments..ab tak jo moral dishonesty thee, woh legal dishonesty main convert hojayegi..if JIT gives conclusive evidence against NS



Read @PakSword post.. He quoted parts of court order.. Us se pata chalta hai ke 3 member bench hi decide karay ga,,. No new bench will be constituted, i think

Who'll interpret the judgement? That's why I said it was prerogative of CJ. BTW such high profile cases aren't decided by DBs, larger or full bench is required. Given the notes of majority judges I doubt Sharifs will ever show trust in bench comprising of majority judges. Trust me it'll be either a larger bench or a full bench/court.

 

[PakSword]

صبح ہوتی ہے شام ہوتی ہے

عمر یونہی تمام ہوتی ہے ​

 

[Farah Sohail]

Aur yahan 62 ka ikhtitaam hota hai.

Where no effort was made to prove the statements of respondents No. 7 and 8 to be true and correct, nor was respondent No. 1 confronted with his speeches, it would be against the cannons of law of evidence to use such speeches against him. Once we hold that neither of the speeches of respondent No. 1 could be used against him, the question of availability of privilege under Article 66 of the Constitution shall become irrelevant.

Ab JIT in sab sawaalon ke jawab dey gi na.. JIT main questionning bhi hojaye gi PM aur uske bachaon se... Doodh ka doodh pani ka pani hojayega..

If what u say is true.. Then judges wouldnt have included this point in court order..tht we will consider disqualification after HIT report.. Disqualification..kis cheez par..phir?

 

[PakSword]

Acha ab aap operative part of court order ka woh point parhein ajhan disqualification ka zikr kiya hai ke we will decide after receipt of JIT report..

Mujhay kaheen bhi yeh nahi nazar aaya ke disqualification on the basis of 62/63 ka sochain ge.. 62/63 ko tou dafan karchukay yeh log..

 

[Farah Sohail]

Who'll interpret the judgement? That's why I said it was prerogative of CJ. BTW such high profile cases aren't decided by DBs, larger or full bench is required. Given the notes of majority judges I doubt Sharifs will ever show trust in bench comprising of majority judges. Trust me it'll be either a larger bench or a full bench/court.

DBs???

Mujhay kaheen bhi yeh nahi nazar aaya ke disqualification on the basis of 62/63 ka sochain ge.. 62/63 ko tou dafan karchukay yeh log..

Acha ohir yeh baatyein ke kis basis par disqualification..consider karein ge..after JIT?

62/63 ko abhi tak dafan kiya tha..because it couldnt be legally proved...acc to them tht PM is dishonest.. Ab agar JIT investigation ke baad keh dey ke qatari letter is a lie...confession of Idhaq dar is true...money trail na dey sakein mian sb, abhi bhi...so it will convert into legal dishonesty...aur phir is basis par his disqualify honge..i think

Warna aap ko kiya lagta hai ke yeh judges kis basis par disqualification ka matter decide karein ge?

 

[PakSword]

Disqualification..kis cheez par..phir?

Disqualification ka tou likha hi nahi.. mujhay tou yeh nazar aaya..

The Bench thereupon may pass appropriate orders in exercise of its powers under Articles 184(3), 187(2) and 190 of the Constitution including an order for filing a reference against respondent No. 1 and any other person having nexus with the crime if justified on the basis of the material thus brought on the record before it.


Appropriate orders... and a reference..

 

[Farah Sohail]

Disqualification ka tou likha hi nahi.. mujhay tou yeh nazar aaya..

The Bench thereupon may pass appropriate orders in exercise of its powers under Articles 184(3), 187(2) and 190 of the Constitution including an order for filing a reference against respondent No. 1 and any other person having nexus with the crime if justified on the basis of the material thus brought on the record before it.


Appropriate orders... and a reference..

Aap poori parhein.. Disqualification ka bhi liha hai court order main.. Aap miss kargaye.. Main ne khud parha hai ..disqualification ka point

 

[Emmie]

It is very clear.. Read below:

--------------------

The JIT shall submit its periodical reports every two weeks before a Bench of this Court constituted in this behalf. The JIT shall complete the investigation and submit its final report before the said Bench within a period of sixty days from the date of its constitution. The Bench thereupon may pass appropriate orders in exercise of its powers under Articles 184(3), 187(2) and 190 of the Constitution including an order for filing a reference against respondent No. 1 and any other person having nexus with the crime if justified on the basis of the material thus brought on the record before it.

----------------------

So, it's the implementation bench that will decide..

Qissa Khatam Paisa Hazam..

@Emmie

It says " it may pass appropriate order" it doesn't say " it shall pass an appropriate order"

If it passes an order for filing a reference means it's done with its order and a new case alias reference lies before ECP through speaker, in other words ECP decides disqualification.

 

[PakSword]

Aap poori parhein.. Disqualification ka bhi liha hai court order main.. Aap miss kargaye.. Main ne khud parha hai ..disqualification ka point

Oh aap yeh wala bol rahi hain..

It is further held that upon receipt of the reports, periodic or final of the JIT, as the case may be, the matter of disqualification of respondent No. 1 shall be considered and appropriate orders, in this behalf, be passed, if so required.

Yeh hohi na jaey kaheen..

shall be considered..

62/ 63 khatam hochuka.. yeh sirf truck ki batti hai..

 

[Verve]

Switching off PDF and news for a few months ..... I can foresee the maayusi taking over in full force and refuse to be engulfed by it .... be good and stay positive ... Allah Hafiz

 

[Farah Sohail]

Oh aap yeh wala bol rahi hain..

It is further held that upon receipt of the reports, periodic or final of the JIT, as the case may be, the matter of disqualification of respondent No. 1 shall be considered and appropriate orders, in this behalf, be passed, if so required.

Yeh hohi na jaey kaheen..

shall be considered..

62/ 63 khatam hochuka.. yeh sirf truck ki batti hai..

Ye truck ki batti nahi hai.. Yehi tu main point hai..

Yahan par Shall be considered likha hai.. Maybe considered nahi... Tu disqualification jab hogi..tu 62/63 par hi hogi na..because after JIT presents its report...moral dishonesty will be converted in legal dishonesty of JIT provides conclusive evidence against sharifs... And they are proven liars after verification of documents

@Emmie

 

[PakSword]

It says " it may pass appropriate order" it doesn't say " it shall pass an appropriate order"

If it passes an order for filing a reference means it's done with its order and a new case alias reference lies before ECP through speaker, in other words ECP decides disqualification.

Exactly..

Nahi aik last para main likha hai disqualification ka.. but matter of "disqualification shall be considered", which may also mean, that it may be sent to speaker or ECP.. They haven't said that they will decide.. They have said, shall be considered.. and consideration may include sending a reference.. that's it..

hehe haha huhu..