Islamabad (September 15, 2017): The Supreme Court will resume hearing of the review petitions filed by Sharif family and Finance Minister Ishaq Dar against the July 28 verdict of the court.
The five-member larger bench headed by Justice Asif Saeed Khosa will resume hearing of the petitions seeking review of the court July 28 judgement that disqualified the former premier, besides ordering NAB to file references against him and his family members and Finance Minister Dar.
Yesterday Nawaz’s counsel Khawaja Harris and Ishaq Dar’s counsel Shahid Hamid completed their arguments on Thursday.
Today Nawaz Children’s counsel Salman Akram Raja will advance arguments on the petitions.
During the hearing on Thursday, when Harris contended that his client was disqualified for un-received salary, a member of the bench remarked that documents submitted in court during the Panama Papers case proved that then prime minister Nawaz Sharif received a salary from a UAE-based company in August 2013.Harris argued that Nawaz never claimed to receive any salary from FZE Capital.
He added that a proper trial was required for disqualification of a lawmaker. He argued that under the Article (i) (f), elections of a lawmaker is declared void, but the court straightaway disqualified his client for life under the same article.Justice Ejaz remarked that Nawaz Sharif did not declare a salary account and that documents submitted in court state that he received in August 2013 a salary in his FZE Capital account. He observed further that the relevant record in this regard is present in the JIT’s Volume IX.
Adding to this, Justice Ahsan remarked that Nawaz’s employment number is 194811 and that documents state that he received a salary.
Justice Azmat stated that the apex court made its decision in the case on verified facts.However, Harris reiterated that Nawaz never received any salary from FZE Capital in any of his accounts.
Terming the JIT report incomplete, Harris said the JIT received most of its documents from sources and had faults in it. Justice Ejaz responded that the faults in the report will benefit your case.
“You will have a complete chance for cross-examination in the trial court,” he remarked. He added that the bench had not considered the JIT report the undeniable truth and did not make its decision on the basis of the JIT report.During the hearing, when Harris argued that the court should have directed NAB to file references if it considered them fit, the bench responded that had the matter been left to NAB alone the references would not have been filed.
As Harris resumed his arguments, Justice Azmat remarked that the counsel should “have faith in the court not the streets”, adding that the court will ensure that no injustice occurs during the trial court proceedings.When Harris completed his argument, Dar counsel Shahid Hamid started advancing arguments.
While corresponding the bench members question about the disproportionate increase in Dar assets, the counsel argued that his client’s assets did not grow overnight but expanded over a course of 15 years.
The bench observed that the counsel should point out exactly what portions of the judgment he wants to be reviewed by the apex court.
On contention of Dar’s counsel, Justice Asif Saeed Khosa remarked that Supreme Court was bound to protect the rights of every citizen including your client.He remarked that during Gen Zia’s era, when he started open hanging of convicts, the SC intervened on a letter of Amnesty International.
The judge remarked that the court was bound to protect the rights of every citizen even the culprits.
While addressing Hamid the judge remarked:” You are in the government and they can change the law and constitution.” The court is bound to follow constitution even a full stop of it.When Dar’s counsel raised questions over SC directive to NAB to file reference against his client, Justice Khosa reminded him that NAB chairman had stated before the court he would do nothing.The Supreme Court had decided on Tuesday to the Sharifs’ plea that a five-judge bench is formed to hear the review petitions against the July 28 Panama Papers case verdict instead of an already-formed three-member bench.The new bench, headed by Justice Asif Saeed Khosa, includes Justice Gulzar Ahmed, Justice Ejaz Afzal Khan, Justice Sheikh Azmat Saeed and Justice Ijazul Ahsan.
All five judges were part of the Panama Papers case bench that disqualified Nawaz and ordered the filing of corruption cases against the others.
On August 15, the former prime minister filed three petitions in the Supreme Court seeking the court to review the Panama Papers verdict.The petitions pleaded the apex court to dismiss the petitions filed by Sheikh Rasheed, Imran Khan and Siraj-ul-Haq.
The former prime minister, through his petition, argued that the decision passed by the court on July 28 should have been passed by a three-member bench as Justice Asif Saeed Khosa and Justice Gulzar Ahmed’s jurisdiction had expired after their dissenting judgment on April 20.“That by signing the Final Order of the Court dated 28.07.2017, the Honorable two Members of the “Bench” have actually passed two final Judgments in the same case, which is unprecedented in judicial history,” said the appeal.