- Govt expands scope of probe ‘to involvement of holders of public office in writing-off bank loans through political influence and transfer from Pakistan of funds which have originated from corruption, commissions or kickbacks’
- Commission will be assisted by all concerned authorities of federal and provincial govts
After dragging his feet for days on the issue, Prime Minister Nawaz Sharif announced Friday night that he had written a letter to Chief Justice of Pakistan Justice Anwar Zaheer Jamali to form a commission to hear the allegations levelled against his family and other Pakistanis in the wake of the Panama Leaks.
In his televised address to the nation on Friday, the prime minister complained at length about the non-constructive behaviour of the opposition parties, some of which, he said were destabilising the country in their hunger for power.
“Using Panama Leaks as an excuse, some elements are hurling allegations at me,” the premier said, adding he was ready for an accountability of himself and his family.
Nawaz added that the allegations made in the Panama Leaks are 22 years old and had been proven wrong before. He said his family had been paying taxes for a long period of time.
PROVE ME GUILTY, AND I WILL LEAVE:
In his Friday night address, the prime minister said: “I challenge all those who are alleging tax fraud to come forward and present evidence. If charges are proven against me, I will resign immediately.”
He said his entire life is like an open book, for anyone who wishes to see. He said he loves the land of the country as he was born and raised here.
“The commission has not yet been established, but people have already passed judgments,” said the premier.
He said that media in Pakistan is independent and called upon it to take into account reality on the matter.
YOU ARE WORSE:
In an indirect reference to Imran Khan’s 2013 sit-in, he said: “Those who attacked the Parliament House are now talking about the rule of law.”
He alleged that the individuals who do not have any businesses fly in private jets. He added that he is ready to be held accountable for every penny he has earned as he has done this in the past and will continue doing so in future.
The prime minister said the government is all set to make a judicial commission to hear the Panama Leaks case. The PM said it is sad that the valuable time of the people had been wasted, which, he said should be a punishable crime.
“When I was told that the details of assets of public representatives were removed from the Election Commission’s website, I took notice of the issue and asked Finance Minister Ishaq Dar to re-issue these details,” Sharif said.
He also requested the media to confirm the facts behind any allegation before airing it to the public.
Govt issues notification:
The federal government has issued a notification to set up the judicial commission and to stipulate the Terms of Reference (TORs) of the commission.
The notification said that the commission has been set up “on the basis of information published in the foreign press and broadcast on electronic media that certain documents from a law firm in Panama and other sources indicate involvement of Pakistani citizens, persons of Pakistan origin and legal entities in off-shore companies.”
However, instead of limiting the scope of the commission to Panama Leaks revelations, the federal government has expanded it to reports appearing in national media regarding the “involvement of holders of public office in writing-off bank loans through political influence and transfer from Pakistan of funds which have originated from corruption, commissions or kickbacks”.
The commission has been set up under section 3 of the Pakistan Commission of Inquiry Act, 1956.
Terms of Reference in detail:
The Commission of Inquiry shall have the following Terms of Reference:
(1) to examine information relating to:-
(a) involvement of Pakistani citizens, persons of Pakistan origin and legal entities in offshore companies in Panama or in any other country; and,
(b) involvement of former and present holders of public office in:-
(i) writing off their own bank loans or those of their immediate family members through political influence; and,
(ii) transfer from Pakistan of funds which have originated from corruption, commissions or kickbacks;
(2) to determine whether, in any case referred to in (1) (a) and (b) above, any law for the time being in force in Pakistan has been infringed;
(3)in case the answer to (2) above is affirmative, to determine responsibility for such infringement; and,
(4) to make such recommendations as may be deemed appropriate.
- The Commission shall, in addition to the powers under section 4 of the Act, have all the additional powers under section 5 ibid, including the powers mentioned in sub-paragraphs (1) to (4) below: –
(1) The Commission shall have powers under the Code of Civil Procedure, 1908 for:
(a) summoning and enforcing the attendance of any person, including a tax expert or accountant, and examining him on oath;
(b) requiring the discovery and production of any documents;
(c) receiving evidence on affidavits;
(d) issuing commissions for the examination of witnesses on documents; and,
(e) requisitioning any public record or copy thereof from any Court or office.
(2) The Commission shall have the powers to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such point or matters as, in the opinion of the Commission, may be useful for, or relevant to, the subject matter of the inquiry.
(3) Any officer not below the rank of a gazetted officer, specially authorized in this behalf by the President of the Commission may enter any building or place where the Commission has reason to believe that any books of account or other documents relating to the subject matter of the inquiry may be found, and may seize any such books of account or documents or take extracts or copies therefrom subject to the provisions of section 102 and section 103 of the Code of Criminal Procedure, 1898, insofar as they may be applicable.
(4) Any proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Pakistan Penal Code, 1860.
- The Commission shall be assisted by all the concerned authorities of the Federal and Provincial Governments.
- The Commission shall start the inquiry at a place and on a date to be fixed by it and shall submit its report to the Federal Government in accordance with its Terms of Reference.
- The Cabinet Division shall provide secretarial assistance to the Commission.