Panama Case: Chiefs of NAB, FBR grilled by SC (22-02-2017)

The Supreme Court on Tuesday grilled the chairmen of National Accountability Bureau and Federal Board of Revenue on their failure to take any step in the Panamagate case, observing if the NAB and the FBR have no jurisdiction then who will take action in the matter. Appearing before a five-member larger bench led by Justice Asif Saeed Khan Khosa in the Panamagate case, Chairman NAB Qamar Zaman Chaudhry submitted that without clearance of any regulator, the Bureau cannot take action in the matter.

Expressing surprise Justice Khosa observed who the regulator of the chairman is, whereas a member of the bench Justice Gulzar Ahmed remarked, "Are you regulated by someone?" Justice Khosa further observed that term regulator is also used by the Qatari prince in his letter to Supreme Court which he wrote in favor of Sharif family in the Panamagate case. Justice Khosa said that he is unable to comprehend who is the regulator in Pakistan.

Responding to a query of the bench whether chairman NAB is willing to file an appeal against four-year old Lahore High Court verdict for quashing Rs 1.2 billion Hudabiya Paper Mills Ltd case, Qamar Zaman Chaudhry submitted, "I stand by earlier view of the NAB in the matter."

To which Justice Asif Saeed Khan Khosa asked him to be ready to face the consequences, saying the bench cannot force him to file an appeal at this stage. When chairman NAB said that Bureau has no jurisdiction to probe into the Panamagate case, Justice Azmat Saeed Sheikh said, "Your jurisdiction is not dependent and it has been clearly mentioned in the NAB Ordinance if information comes to you against anybody that his income/assets are beyond the sources then under the NAB law at least you have to inquire him."

Justice Azmat Saeed Sheikh inquired if it was not the duty of the chairman NAB to inquire sources of those whose names surfaced in the Panama Papers leaks. Justice Asif Saeed Khan Khosa observed that NAB had not given importance to one of the judges of two-member bench of the Lahore High Court who in his opinion asked for reinvestigation into the Hudabiya Paper Mills Ltd case. He added that everyone, including Sharif family and country'' investigation agencies, wants to shy away from one’s responsibility.

While addressing to the chairman NAB, Justice Khosa said, "Would you like to look at the aspect that Rs 1.2 billion are involved in the matter?" He added that head of the NAB cannot be removed by those who have appointed him. Justice Azmat Saeed Sheikh remarked that reference against Hudabiya Paper Mills Ltd was not filed by the Punjab Police but it was the NAB which filed the reference in the matter in 2000.

Justice Sheikh observed that accountability court didn’t conduct the adjudication on merit but decided the reference on technical grounds that accused persons were abroad; however, he said that the apex court cannot comment on the verdict of the referee judge of the Lahore High Court who ruled that NAB cannot reinvestigate the matter.

Justice Khosa remarked the allegation was not new in the Panamagate case, saying the matter has connection with the NAB''s reference which it had filed in the year 2000 against Hudabiya Paper Mills Ltd and Sharif family. Justice Khosa said while addressing the chairman NAB that at least he might have examined the material already available with the NAB.

Earlier, appearing before the bench, FBR Chairman Dr Muhammad Irshad apprised that notices were issued to 343 individuals following the Panama Papers revelations. He informed that owners of 39 companies are not Pakistani residents whereas 59 people denied ownership of offshore companies.

Responding to the court’s query, the chairman FBR said that Prime Minister Nawaz Sharif''s sons Hussain Nawaz and Hassan Nawaz as well as his daughter Maryam Safdar had responded to the notices in November 2016. Dr Irshad said that Maryam Safdar had denied ownership of any offshore company or Mayfair properties in London, adding that Hussain Nawaz said in the response that he is non-resident.

To which Justice Khosa asked what steps the FBR has taken after receiving the responses, whereas a member of the bench observed if he had closed Hussain Nawaz''s file after the he submitted his response. Dr Irshad further said that the FBR is verifying all the information provided by the respondents to which Justice Sheikh observed it seems that the FBR requires three decades to verify those documents.

Justice Sheikh asked if the FBR has checked travel history of Hussain Nawaz to know how many days he spent in Pakistan. Justice Khosa observed that criminal cases had been registered against the Sharif family since 1994 as money was allegedly laundered. He asked Dr Irshad whether the FBR has taken any action in the matter.

A member of the bench Justice Gulzar Ahmad remarked that functionaries of the state are not doing their jobs whereas Justice Ejaz Afzal Khan observed if the FBR high-ups are not taking action against the rulers because they are being appointed by those (Sharif family) who are in dock. Justice Ejaz Afzal Khan observed while addressing the chairman FBR, "Actions are louder than words." Justice Asif Saeed Khan Khosa observed that the bench will hear the chairman FBR again saying, "Thank you very much for not assisting the court."

Appearing before the bench, Attorney General Ashtar Ausaf submitted that he will provide legal assistance about the court’s jurisdiction in the current matter, terming the matter in hand as a unique case. Responding to Justice Khosa''s remarks whether false statements provide ground for disqualification, the AGP Ausaf submitted that the court has to ensure a transparent and fair trial. Later, Justice Khosa said that no more documents would be accepted in the case and hinted that the matter would be concluded till February 23. He also asked the AGP to complete arguments by Wednesday (today). Later, the hearing was adjourned till February 22, 2017.