andythinkpad
Member
Pokitical scandal doesn't change president in Pakistan. Only coup does. I wouldn't call any scandal trail "important."
I heard a lot about this but I don't fully understand. Law enforcement corruption I get but the properties he owns out of the country I don't see how it is corruption. Can someone explain, I really am not trying to defend the Pakistan PM.
I heard a lot about this but I don't fully understand. Law enforcement corruption I get but the properties he owns out of the country I don't see how it is corruption. Can someone explain, I really am not trying to defend the Pakistan PM.
Ofcourse! Makes sense, if he isn't showing where the money came from it's too shady. He could be doing some corrupt shit behind the curtain.
I'm eager to see where the trial leads.
How is the judicial system in Pakistan? Do they have power to imprison the PM?
They are in his pocket. There were proof of his and his kids involvement. There whole family statements were contradicting each other. The fact that this ruiling was penned 2 months ago and the judiciary was just sitting on it tells you a lot about our judiciary process. Musharraf shouldve hanged him when he had a chance. Him and his family has sucked my country dry.
What is the National Assembly?
So can he as PM veto this order or ignore it?equiv. to Congress or Parliament or the Diet
So can he as PM veto this order or ignore it?
This was the dissenting note, meaning that it was from the 2 judges who said the prime minister should be disqualified, not the 3 who said there should be a further inquiry.
So this will go nowhere now huh? I guess the corrupt elite win again.
2 hours to go; unfortunately, violence is widely expected throughout the country. The ruling party have put up threatening banners all over the country.
http://gulfnews.com/news/asia/pakis...-blood-for-pakistan-pm-nawaz-sharif-1.2014219
wait why are people expected to be violent? not familiar with the political climate in pakistan
Actually all of the judges are in agreement that Nawaz Sharif has not provided evidence in his defence, they have not given him a clean chit so there is still hope.
Still many feel that the proceedings were enough to disqualify the PM and the 3 judges have disappointed the country. There is also the question of how the inquiry will be conducted when all investigating authorities are perceived to be in the prime minister's pockets. To counter this the Joint Investigation Team will work under the supreme court, but it's still a big question mark.
Since the decision hasn't really come against the PM or the opposition, everyone is pacified for now.
There were earlier reports that the ruling party planned to agitate in case decision was against them.
Hoping for a good outcome but is the Joint Investigation Team held accountable by the court or the PM (as in their salaries)?
24. The Heads of the aforesaid departments/ institutions shall recommend the names of their nominees for the JIT within seven days from today which shall be placed before us in chambers for nomination and approval. The JIT shall investigate the case and collect evidence, if any, showing that respondent No. 1 or any of his dependents or benamidars(This means having property in someone else's name) owns, possesses or has acquired assets or any interest therein disproportionate to his known means of income. Respondents No. 1, 7 and 8 are directed to appear and associate themselves with the JIT as and when required. The JIT may also examine the evidence and material, if any, already available with the FIA and NAB relating to or having any nexus with the possession or acquisition of the aforesaid flats or any other assets or pecuniary resources and their origin. 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.
25. 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.
26. We would request the Honble Chief Justice to constitute a Special Bench to ensure implementation of this judgment so that the investigation into the allegations may not be left in a blind alley.
This.
The entire country's leadership is too dependent on it being corrupt. If they expose the corruption of one party or one specific group then there's nothing to stop the ball from continuing to roll and eventually coming down on their heads.
I see, and how do they do that? Do they pay people or are there supporters who think this whole thing is a political witchhunt fake news kind of thing?
The judgement opens with a reference to the novel 'Godfather'. Currently the website is down so I can't post a link to the full judgement.
2. He said other institutions failed or refused to probe Nawaz
”These petitions had been entertained by this Court in the backdrop of an unfortunate refusal/failure on the part of all the relevant institutions in the country like the National Accountability Bureau, the Federal Investigation Agency, the State Bank of Pakistan, the Federal Board of Revenue, the Securities and Exchange Commission of Pakistan and the Speaker of the National Assembly to inquire into or investigate the matter or to refer the matter to the Election Commission of Pakistan against respondent No. 1 [Nawaz Sharif]."
3. He said the court took up the case so a PM could not have a ‘field day'
”If this Court stops short of attending to the issue merely because it involves some disputed or intricate questions of fact then the message being sent would be that if a powerful and experienced Prime Minister of the country appoints his loyalists as heads of all the relevant institutions in the country which can inquire into or investigate the allegations of corruption, then a brazen blocking of such inquiry or investigation by such loyalists would practically render the Prime Minister immune from touchability or accountability and that surely would be nothing short of a disaster."
”It is said that how highsoever you may be the law is above you. It is in such spirit of democracy, accountability and rule of law that this Court would not give a Prime Minister/Chief Executive of the Federation a field day merely because no other remedy is available or practicable to inquire into the allegations of corruption, etc. leveled against him or where such inquiry involves ascertainment of some facts."
10. Story about Qatar business was an afterthought
"Even the story about investment in real estate business in Qatar and the subsequent settlement of that business was also, thus, nothing but an afterthought. It may also be pertinent to mention here that in his three speeches mentioned above and also in his concise statements submitted before this Court respondent No. 1 had never said a word about any investment by his father in any real estate business in Qatar and funds generated through a settlement of that investment being utilized for acquisition of the properties in London whereas through their concise statements submitted before this Court by his children that was the only source of funds through which the said properties had been acquired in the name of respondent No. 7 namely Mr. Hussain Nawaz Sharif."
12. Story about Al-Thani family lost credibility
"That story about investment in the real estate business of Al-Thani family in Qatar has taken many turns in this case and has, thus, lost its credibility. In their first concise statement jointly filed by respondent No. 1's children they had never mentioned that story."
"In their subsequent concise statements they adopted that story as their only story. However, in their last Joint and Further Concise Statement (Civil Miscellaneous Application No. 432 of 2017 filed on January 23, 2017) the sons of respondent No. 1 gave the story another twist. The previous story was about an ”investment" made by late Mian Muhammad Sharif in the real estate business of Al-Thani family in Qatar but through their last story advanced through the above mentioned concise statement it was maintained by respondent No. 1's sons that the proceeds of sale of the factory in Dubai (12 million Dirhams) had been ”placed" with Sheikh Jassim Bin Jaber Al-Thani who ”retained" the amount with an assurance of just and equitable return."
13. Nawaz and his family have been nothing but evasive: Khosa
"On the basis of the discussion made in the earlier part of this judgment the explanations advanced by respondent No. 1 in respect of the four properties in London and even in respect of his and his family's businesses and resources have been found by me to be nothing but evasive and the statements made by him in that regard have appeared to me to be contradictory to each other. The explanations advanced by him have also been found by me to have remained utterly unproved through any independent evidence or material and, hence, the same were quite likely to be untrue. Even the children of respondent No. 1 have not been able to bring anything on the record to show that the explanations advanced by respondent No. 1 were or could be true and correct.
What happens next? - Analysis by the BBC's Secunder Kermani in Islamabad
Both the prime minister's supporters and his critics have been claiming today's decision as a victory.
The prime minister wasn't disqualified - and that was the big fear he and his party had. Similarly, he hasn't been asked to step aside whilst this new investigation takes place.
However, opponents of the prime minster point out that two out of the five judges did recommend Nawaz Sharif should be disqualified, and the other three all felt further investigation was needed.
The prime minister's team will hope that the complex nature of the investigation could see any recommendation it reaches kicked into the long grass. In the meantime, they may try and unveil new voter-friendly policies to take the sting out of this case.
'Don't celebrate yet' - Pakistan media warns of trouble to come
Analysts in Pakistan were quick to warn Mr Sharif not to be too triumphant over the verdict, noting that the forthcoming investigation may yet harm him politically.
Kashif Abbasi of ARY News said the ruling party has "nothing to be happy about" while Munizae Jahangir of Aaj news said "the issue won't be resolved" until the investigation was concluded.
Similarly, Faysal Aziz Khan, head of Bol Media Group, said that investigations of the kind ordered by the court are "formed to probe criminals". He concludes that Mr Sharif "is definitely in trouble."
Prime Minister Nawaz Sharif conferred with his top political and legal aides to review the post-verdict situation. Beyond joy and jubilation, there is much more than meets the eye, said a source with firsthand knowledge of developments in the ruling partys circles. According to the source, Sharif first decided to address the nation over the apex court verdict at 7pm on Thursday. But then he changed his mind on the advice of his legal wizards, who after skimming through the 549-page judgment discovered that all is not well.
Sources said the ruling party was deeply concerned that none of the five judges on the apex court bench has given Premier Sharif or his family a clean chit. Two judges recommended Sharifs disqualification, while the rest called for a further probe by a Joint Investigation Team (JIT) while sharing strong observations against the Sharifs. The PML-N believes the JIT formation would allow the opposition parties the PTI and the PPP in particular to exploit the situation by resorting to street agitation in pursuit of their demand for Premier Sharif to step down. Moreover, the ruling party is also worried that the JIT would also comprise representatives from the security agencies which cannot be influenced, it is learnt.Speaking to The Express Tribune,
The preamble admits that a crime has been committed and the case property found; the question is how and by whom? The course of the final judgment branches into two split opinions, that contradicts the opening notions attributed to Godfather. Two senior dissenting judges ruled that the facts in the case provide enough evidence on ‘how the crime was executed' and render the Prime Minister disqualified, while the majority three though admitting ‘the crime and property in case' want to dig deeper into the mechanics of the ‘properly executed crime' or in NAO language, ‘the contrary'. This deep digging holds the key to delays and subsequent exoneration.
True to the evasive reputation of delays in Panama case, from the Registrar of the Supreme Court calling the petitions frivolous, to fading away of the Jamali Bench, this divided bench inconclusively palmed off its responsibilities to a Joint Investigation Team and the Chief Justice of Pakistan to form yet another bench to consider the matter of disqualification. By passing the buck to the Honourable Chief Justice ‘to constitute a Special Bench to ensure implementation of this judgment so that the investigation into the allegations may not be left in a blind alley' three members of the bench, like Pontius Pilate, have washed their hands and resigned the fate to yet another bench that shall start anew to hear arguments and determine the findings of the JIT to pass a judgment.
With the ‘partly declared criminal' accused continuing to be the Chief Executive, departmental inquiries are least likely to be neutral. If the NAB, SECP, SBP and FIA had not acted then, how could it be assumed they will act now? Model Town is a case in point. With a long reign of governance in Punjab and center, the family has built a cadre of loyalists in every department and autonomous organisations. This is how they had over prolonged periods of time cheated the system and will do in future. The split judgment gives them a lifeline they could use to advantage.
The Panama Bench is a split verdict partly indicting Mian Nawaz Sharif and mostly, affording him an opportunity to absolve himself through a criminal justice investigation system of JIT that is already discredited in Pakistan. JITs are interrogative in nature in which the accused can also make confessional statements before a magistrate. Unlike the past, this JIT is under orders of the Supreme Court Bench. It shall in all probability operate under the Supreme Court and submit its findings accordingly. The terms of reference are still not known but a question immediately arises as to how mid level officials will summon the prime minister or how they would be able to dig into the hidden records of their own organizations to sift details on the ‘execution of the crime'. Will these organisations that let it happen allow anyone to dig deep when they remained inept before the present bench. Will this JIT hold its investigations in the Supreme Court premises? Will the objections of the petitioners to members of JIT be entertained and by whom? Lastly, will the bench allow the petitioners to raise inquisitorial questions?
The order of three judges to make a JIT is based on a misplaced notion. They abdicated their inquisitorial jurisdiction. In this case there is no need to unearth assets. The case property i.e. assets are already established and never denied by respondents. The order disregards Section 14 (C) and 9 (5) of NAO. This means that the accused or benamidar assets or irrevocable power of attorney in respect of any assets disproportionate to his known sources of income, which he cannot account for or maintains a standard of living beyond that which is commensurate with his sources of income is deemed guilty and the Court shall presume, unless the contrary is proved, that the accused person is guilty of the offence of corruption and corrupt practices and his conviction shall not be invalid by reason only that it is based solely on such a presumption. On this basis, the two dissenting judges have deemed the Prime Minister to be guilty while the three still harbor doubts despite the incriminating preamble. Why are three members of the bench insisting on digging out the ‘contrary'?
The judgments of the two dissenting judges provide a beacon of hope if the petitioners continue to pursue their case or go into review. Their remarks can become a start point for arguments against the respondents particularly when the same find repeated references in the full judgment. The fear is that the new bench will reboot the entire case resulting in delays that suit the respondents. If Justice Saqib Nisar's Choicest gave a half judgment, what are the others expected to do? In the meantime, the accused will continue to rule the country with abandon and effect investigations.
But one thing is sure. Panama will continue to have an afterlife.
In light of the Supreme Court ruling on the Panama Papers case, the Lahore High Court Bar Association (LHCBA) on Saturday gave an ultimatum to Prime Minister Nawaz Sharif: resign within a week, or face a lawyers' movement bigger than the one that followed ex-chief justice Iftikhar Chaudhry's ouster in 2007.
LHCBA President Zulfiqar Chaudhry, vice-president Rashid Lodhi, secretary Amir Saeed Raan and finance secretary Zaheer Butt presented their demand for the PM's resignation at a press conference. Chaudhry stressed that if the prime minister does not relinquish his post within a week, they will launch a movement bigger than the lawyers' movement for restoration of the deposed judges.
"The [Panama Papers case] decision is unanimous," said Chaudhry, referring to Thursday's verdict.
"Throughout the world, public office holders implicated in the Panama [Papers] scandal have relinquished their posts, but the prime minister is adamant to stay in power," he complained, emphasising that the bar association's demand for PM's resignation was legitimate and fair.
"How can officers under the PM conduct a fair investigation into the PM's alleged corruption?" asked Chaudhry.
Rashid Lodhi, vice president of the bar association said: "This is the first time such a high-profile case of corruption went up to the Supreme Court and some pertinent questions were raised by the court regarding the PM's money-trail. These questions can not be put ignored."
He said the apex court has rejected the prime minister's claims, and for that reason, Sharif has lost the moral authority to stay in power.
"The SC verdict has, in effect, indicted the prime minister," said Amir Saeed Raan, secretary of the LHCBA.
Leaked document sent to embassies abroad on how to communicate with foreign governments on Panama Case:
Punjab Chief Minister Shahbaz Sharif recently gifted Rs 25 million from the public kitty to the Karachi Press Club (KPC) under a well-conceived move to gain media sympathy amid the rising pressure in the wake of Panama case.
The Punjab government gave an annual grant of Rs 5 million to Lahore Press Club, hence payment of such a huge amount to KPC at this time has raised many eyebrows, because the Pakistan Muslim League-N (PML-N) leadership is known for spending open-heartedly on media persons to gain their undue favours, as it can be assessed from the appointments of many journalists on key posts.
An unusual transaction happened a week before Panama verdict when the Punjab government bestowed upon Karachi Press Club a hefty amount of Rs 25 million, apparently, for the betterment of facilities at countrys biggest press club.
Sources in the PML-N said the prime minister consulted his confidantes on the issue before deciding to follow the two-faced strategy which, the sources dub, a carrot and stick policy: holding an olive branch to the legal fraternity while countering the opposition head-on.
The carrot is for lawyers. The stick is for (oppositions) politicians, said a PML-N source.
As part of this strategy, the ruling party is engaging the lawyers community by holding negotiations with their representatives.
The sources said PMs legal wizards have held meetings with some senior lawyers leaders and the ruling camp is hopeful of finding a common ground to deal with the situation.
A senior PML-N leader, requesting anonymity, said even though the LHCBA and PBC have asked the PM to step down, they have not announced to start an agitation in pursuit of their demands much to the relief of the ruling camp.
There are some pending issues between bar councils and the federal government, including payable financial grants on the part of the centre to lawyers bodies. We are assuring them (lawyers) of addressing outstanding issues. Hopefully, the matter would be settled, the insider said.
The names of FIA Additional Director General (ADG) Captain (retd) Ahmed Lateef, ADG Doctor Shafeeq and ADG Wajid Zia have been forwarded to the SC, which will decide the final name for heading the JIT.
Earlier today sources revealed that Captain (retd) Lateef and ADG Doctor Shafeeq went on leave citing medical reasons, raising speculation that the remaining ADG in office, ADG Zia, could head the JIT.
The scheme shall also be applicable to people holding public offices provided that in such cases all assets created at the time when the person was a public officeholder are brought back to Pakistan, according to the text of the scheme that has been prepared by the chartered accountancy firm, AF Ferguson.
The text has to be vetted by the finance ministry and cannot be treated as the final version at this stage.
Politicians, who would avail the scheme and declare their hidden assets abroad, would be able to dodge disqualification as they would get immunity from the election law, according to the AF Ferguson model.
The highest rate it has proposed is 20%, but only in case where the assets are in liquid shape and not repatriated to Pakistan after their declaration.
According to AF Fergusons assessment, Pakistanis have parked about $150 billion worth of assets abroad. Of which, $40 billion are parked in foreign real estate either through offshore entities or directly.
Another $40 billion are in bank balances; $20 billion are in the shape of shares in Pakistani companies and $50 billion are in the shape of other assets, including manufacturing concerns.
But its assessment is that at best $3 billion to $4.5 billion will be repatriated to Pakistan, and still the firm is keen to give a clean chit to the violators by levying a penalty of as low as 2%.
This could be the fourth tax amnesty scheme over the last three years by the PML-N government. But unlike in the past, the authorities concerned are now planning to include public officeholders among the beneficiaries.