Pakistan Today

Panama Papers case: SC seeks details of ‘gifts’

As the Panamagate hearing entered its 11th day, PM’s counsel Advocate Makhdoom Ali Khan found himself before judges who were more interested in the source of the funds that were gifted to PM by his son Hussain Nawaz and details of gifts that were given to the PM by his son and from PM to his daughter, rather than precedents and citations from across the globe.

A five-member larger bench of the apex court, headed by Justice Asif Saeed Khan Khosa, and comprising Justice Ejaz Afzal Khan, Justice Gulzar Ahmad, Justice Sheikh Azmat Saeed and Justice Ijaz Ul Ahsan is hearing the case filed by Pakistan Tehreek-e-Insaf (PTI) and others seeking investigation into Panama Papers.

Starting the day, Makhdoom Ali Khan argued on the status of Maryam Nawaz Sharif as an independent individual. Interestingly, Makhdoom argued that due to a lack of a particular column on the tax form, Maryam Nawaz’s name was written in the column of dependents. Justice Gulzar, in a lighter vein, asked if the amendments were made to the tax form after the Panama Papers. The PM’s counsel told the bench that the tax form was amended in 2015 while the Panama Papers surfaced in April 2016.

During the course of proceedings, Advocate Makhdoom Ali Khan said that his client gave gifts to his daughter through banks.

He refuted the allegations of tax avoidance and said exchange of gifts between the prime minister and his children were done through banks.

Makhdoom told the court that the records of transactions made for gifts are available as these transactions were made through banks. ‘The accusations of evading taxes levelled against the PM are incorrect,’ he told the court.

It was kind of strange when the PM’s counsel informed the bench that on the issue of Maryam Nawaz’s dependence, the court will be addressed by not just him but also be Maryam’s counsel, Advocate Shahid Hamid.

Makhdoom started arguing before the court last Wednesday, after PTI’s counsel Naeem Bukhari concluded his arguments before the bench.

On Wednesday, Makhdoom contended before the court that the gifts were transacted through banks, which is absolutely legal. ‘The PM gave gifts to Maryam Nawaz through banks and thus the accusations of evading taxes are wrong,’ he said.

Justice Asif Saeed Khosa observed that in order to whiten black money, firstly, it is transferred abroad through hundi and hawala and after being laundered it is sent back to Pakistan through proper channels. ‘In a report by Rehman Malik, hundi and hawala are mentioned,’ he said. Makhdoom again reiterated that without investigation an elected member cannot be disqualified.

During the second half, the bench probed the means and channels used to transfer money to Pakistan in the shape of gifts. Justice Khosa said that the case deals with money laundering and that the money was sent abroad illegally.

Justice Gulzar Ahmad asked Makhdoom why verified bank documents were not submitted before the court. Makhdoom Ali Khan replied that it was a difficult process to obtain certificates from all the banks.

Makhdoom agreed to furnish details when the bench asked that they wanted to see account details which were used to give these gifts. The judges wondered as to the reason why such huge amounts were given as gifts.

The gifts to his daughter are mentioned in the prime minister’s wealth and income tax returns, which have been submitted in the court, Makhdoom said.

Furthermore, Jamaat-e-Islami’s (JI) petition has been accepted by the court for hearing and notices have been issued to prime minister and other respondents. Justice Khosa asked JI’s counsel Advocate Taufeeq Asif to argue his case after PM’s counsel concludes his arguments.

Both Imran Khan and Jehangir Tareen were in the court.

The hearing was adjourned till today (Thursday) on Justice Khosa’s note that the court is yet to make up its mind and truth is yet to come out.

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