A five-member larger bench led by Justice Asif Saeed Khosa resumed hearing the Panama Leaks case hearing on Friday. Jamat-e-Islami’s counsel began their arguments during the proceeding today.
The counsel member said that the Prime Minister should be disqualified for hiding the London flats.
The bench of the apex court also includes Justice Azmat Saeed, Justice Ijaz Afzal, Justice Gulzar Ahmed and Justice Ijaz-ul-Hasan.
Justice Ijaz asked if there was a code of conduct which said that the Prime Minister could not engage in business.
“There is no such limitation,” the counsel said.
Justice Azmat Saeed remarked, “Why are you dragging the case on mere assumption? No evidence has been brought to us.”
Justice Asif Saeed Khosa said that the Prime Minister has asked for entitlement under Article 66 not immunity.
The hearing has been adjourned till January 23 (Monday).
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Justice Asif Saeed Khosa remarked, “Are you trying to say he hid the London flats on purpose?”
During his arguments in Friday’s hearing, the JI counsel insisted that the premier’s speech be considered a confessional statement. “The prime minister’s speech should be taken to be a confession. There is no other way,” he asserted.
He also pointed out that certain details regarding the properties and assets owned by the premier’s family were not provided in the speech.
Taufiq Asif told the court that the Sharif family’s Ittefaq Foundries, located in Punjab, were a loss-making entity in 1980. However, he said, by the end of the following three years, the foundries had reported a profit of Rs60 million.
He added that, by 1985, the foundries had also become one part of a larger group of companies.
Bringing the focus of his argument to the Gulf Steel Mills in Dubai, the JI’s counsel told the court that they were sold for $9m. However, he said, no details had been provided regarding the source of financing used to establish the business in the first place.
In the last hearing, the Prime Minister’s counsel completed his arguments.
Makhdoom Ali Khan also submitted a list of properties purchased in Maryam Nawaz’s name in the court. The judges asked Makhdoom whether the PM had bought land in his daughter’s name, to which the counsel replied that he did indeed, and the land was later transferred to Maryam Nawaz when she paid its price.
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Shahid Hamid, the counsel of Mariam Nawaz, on Thursday, submitted documents in the court with regard to the property purchased in the name of his client.
Justice Sheikh Azmat Saeed observed that the case challenges Nawaz Sharif’s hold on the prime minister’s office.
Justice Asif Saeed Khosa maintained in the court that the case concerned the entire nation because the defendant was the prime minister of Pakistan.
PM’s counsel read out a verdict given by Justice Khosa in a previous Benami transaction case.
Justice Ejaz Afzal observed that the verdicts cited by Khan pertained to cases where a dispute arose between two parties regarding the ownership of the property.
In the current case, the dispute is not about which of the two parties owns the property, he added.
Justice Afzal continued that the prime minister first gave his daughter money and then when she returned the amount, she received property in return. He observed that this occurrence made it appear as though Maryam Nawaz was dependent on her father at the time.
Justice Khosa observed that in this case, the matter also involves Benami transactions.
Justice Gulzar stated that a verdict on Maryam Nawaz’s status as a dependent could be made on the basis of the facts presented in court and added that the matter of her dependence is of concern and that facts should be provided on the matter.
Makhdoom Ali Khan reiterated that Maryam Nawaz is financially independent and assets showed how she finances herself.