Amidst the US indictment of Pakistan for promoting terror, the Joint Investigation Team report on Panama Leaks has created double trouble for Pakistan in general and Nawaz Sharif and his family in particular
Santosh Verma
Corruption has become an important part of Politics. So, in Pakistan it has more distinguished place. The Civilian as well as military leadership indulged in widespread corruption which is not limited to certain genre.
The Panama Papers case (officially titled Imran Khan vs. Mian Muhammad Nawaz Sharif) is an ongoing case before the Supreme Court of Pakistan, which was heard between November 1, 2016 and February 23, 2017. Imran Khan, Leader of Pakistan Tehreek-e-Insaf brought this case to court, alleging money laundering, corruption, and contradictory statements by Nawaz Sharif, after the Panama Papers leak had uncovered links between Sharif’s
family and eight offshore companies.
It all started on April 3, 2016 when the International Consortium of Investigative Journalists (a Washington-based international network launched in 1997 by the Center for Public Integrity) made 11.5 million secret documents, to be known as the Panama Papers,
available to the public. The documents, sourced from Panamanian law firm Mossack Fonseca, (the world’s fourth biggest provider of offshore financial services). Since its 1977 foundation until the April 2016 publication of the Panama Papers it remained mostly obscure, even though it sits at the heart of the global offshore industry, and acts for about 300,000 companies. More than half are registered in British tax havens—as well as in the UK) included details of eight offshore companies with links to the family of Nawaz Sharif, the incumbent Prime Minister of Pakistan, and his brother Shehbaz Sharif, the incumbent Chief Minister of Punjab. According to the ICIJ, Sharif”s children Maryam, Hassan and Hussain “were owners or had the right to authorise transactions for several companies”. Mossack Fonseca records tied the children to four offshore companies, Nescoll Limited, Nielson Holdings Limited, Coomber Group Inc., and Hangon Property Holdings Limited. The companies acquired luxury real estate in London from 2006 to 2007. The real estate was collateral for loans of up to $13.8 million according to the Panama Papers.
The Court reserved its judgment on February 23, 2017. The case has been described as the most publicised in Pakistan’s history, as well as a “defining moment” for the country. The Court announced on April 20, 2017 that a Joint Investigation Team would have to be formed to probe the Sharif family’s involvement in corruption as stated in the Panama leaks.
Despite controversies, on July 10, 2017, Joint Investigation Team (JIT) submitted a 275-page report in the apex court. The report requested NAB to file a reference against Sharif, his daughter Maryam, and his sons under section 9 of National Accountability Ordinance. JIT noted that Sharif, his sons and daughter Mariyam Nawaz were not able to justify their income and assets, adding that Maryam Nawaz has been proved the beneficial owner of Nielsen and Nescoll. The report further stated that Maryam was involved in falsifying evidence before the Supreme Court. The basis for this fact was the use of the font Calibri in documents showed to be since 2006, when the font itself wasn’t publicly released until January, 2007. Among other critical findings of the JIT are the discovery of an offshore
company, FZE Capital, managed by Nawaz Sharif until 2014, and the complete lack of supporting documentary record in the United Arab Emirates relating to the sale of Gulf Steel Mill. The Mill is important to the case as it forms the basis of the ‘Qatari letter’ money trail.
Nawaz Sharif’s stance
Prime Minister Nawaz Sharif and Finance Minister Ishaq Dar formally challenged the findings of the JIT
constituted to probe allegations of money laundering before the Supreme Court, raising questions about the
allegiances of investigators, their conduct, the way the evidence was collected and the report’s findings. In his first legal attack, senior counsel Khawaja Harris Ahmed lambasted the role of Inter-Services Intelligence (ISI) representative retired Brig Mohammad Nauman Saeed before the three-judge Supreme Court bench headed by Justice Ejaz Afzal Khan, describing him as one of the most aggressive members of the JIT.
The Prime Minister’s legal team also accused the JIT of blatantly misusing the authority conferred on its members to seek Mutual Legal Assistance (MLA) by engaging private firms, including a UK law firm allegedly belonging to the cousin of the JIT head Wajid Zia,
without the involvement of the foreign State or Government concerned, as mandated by Section 21(g) of the National Accountability Ordinance 1999. Moreover, the request to withhold Volume X of the JIT’s findings was described as mala fide and in breach of the fundamental rights of the Prime Minister, guaranteed under Articles 4, 9, 14, 25 and 10A of the Constitution, the application argued.
The Prime Minister’s defence also highlighted the political predisposition of two JIT members: Securities and Exchange Commission of Pakistan’s (SECP) Bilal Rasul and State Bank of Pakistan’s (SBP) Amer Aziz. Hussain Nawaz in an earlier plea, claimed that Mr Rasul’s family was associated with the PTI and Pakistan Muslim League-Quaid, so much so that his wife was a PML-Q nominee for a women’s seat in the 2013 elections.
And what could happen?
What could happen in near future is totally suspicious. So the speculations and rumours are on the helm. The Supreme Court of Pakistan and NAB are the sole decision makers.
Ironically, in the earlier decision of the apex court in which it had constituted the JIT to probe money laundering allegations and offshore wealth of the Prime Minister and his family, the Supreme Court had expressed no confidence in NAB and accused it in earlier proceedings of facilitating corruption.
The accountability bureau in turn, can find Prime Minister Nawaz Sharif guilty of lying under article 62-63 and disqualify him as a Member of the National Assembly.
Other than that, in a separate scenario, the Supreme Court (which also starts hearing from July 17) can also express no confidence in the investigation of the JIT against the Sharif family.
According to media reports the JIT which probed the Panama Papers case against Nawaz Sharif”s family assets has recommended on July 16 to reopen 15 cases against the Pakistani Prime Minister. Of these 15 cases, three were
registered during the 1994 and 2011 tenures of the Pakistan Peoples Party (PPP) and 12 during President Pervez Musharraf regime, soon after he toppled the Sharif Government in the October 1999
military coup.
Who are Sadiq and Ameen?
One of the most powerful and also self-contained military dictators General Zia ul Haq, the man who envisaged to make Pakistan an Islamic nation in true senses, also was an avid follower of Islamic traditions in certain ways, so affected by his disposition he tried to incorporate some religious symbols in the national discourse in Pakistan in the name of Islam. As part of his so-called process of Islamisation, he amended the Article 62 and 63 of the Constitution necessarily requiring a legislator, inter alia, to become a Sadiq and Ameen.
Article 62, of Constitution of Pakistan, for one, explains the criterion of “qualifications for member of Majlis-i-Shoora (Parliament)” and its clause (e) reads: “He has adequate knowledge of Islamic teachings and practices obligatory duties prescribed by Islam as well as abstains from major sins.”The clauses also call for candidates to be ‘Sadiq’ and ‘Ameen’ (honest and righteous) – names given to Prophet Muhammad (PBUH).
Opposition and Nawaz
Imran Khan, the most acrimonious and vocal opponent of Nawaz Sharif said in a meeting that the duo (Nawaz and Shahbaz Sharif) will soon be behind the bars in Adiala jail. This is a clear reflection of political scenario. After the JIT report Imran Khan said Sharif had lost moral authority and should step down. “He is now proven to be a culprit. No one will accept his authority.”
Sharif has rejected demands of the Opposition parties to resign, warning that his replacement would destabilise the country and imperil hard-won economic gains since his poll victory in 2013. In April Sharif narrowly escaped disqualification after the Supreme Court ruled there was insufficient evidence to remove him – by a 2-3 split – over documents released by the Panama Papers leak into
offshore wealth.
The Conspiracy theory
Sharif has talked of a conspiracy against him, but has not named anyone. His allies, however, privately claim that elements of Pakistan’s powerful military and the judiciary are bent on toppling him. Sharif, the son of an industrialist, is serving his third term in power and has had a fractious relationship with the army.
He was originally nurtured by the military especially by General Zia, as a civilian politician who would protect their interests, and he served as Prime Minister twice in the 1990s. But relations soured and his second stint as Prime Minister ended when he was ousted in a 1999 coup leading to a decade of exile. Relations with the military during the current term have also been tense.
(The writer is Pakistan Observer)
