Pakistan People’s Party (PPP) senior leader Barrister Aitzaz Ahsan has said that in the wake of the Panama Leaks revelations, the buck must stop with the prime minister.
“The PM has himself been boasting that he has presented himself and his family for accountability,” the opposition leader in Senate said in a strongly worded response to the objections raised by the federal ministers against the Terms of Reference (TORs) for the judicial commission to probe the Panama Leaks.
“So why panic if the opposition puts the PM’s name first?” Aitzaz added.
Referring to the claims of federal ministers Chaudhry Nisar Ali Khan and Zahid Hamid at a press conference, the PPP leader said that as far as the government’s claim that the PM has been singled out in the opposition’s TORs, the TORs, in fact, make no difference between the PM and others named in the Panama Leaks.
‘INNOCENT UNTIL INVESTIGATION STARTS?’
“All of them are required to make the same disclosures. Only the PM comes first,” Aitzaz said while justifying why the prime minister has to be the first one under the hammer. “He asked for it,” the PPP leader said.
With regard to PML-N leaders’ allegations on the Opposition’s TORs being unconstitutional because they put burden of proof on the accused, Aitzaz Ahsan asserted that the fact is that in all corruption enquiries, after a property has been proved, or admitted to belong to the accused, it is always for him to prove that it was procured through legitimate means and resources.
“That burden is on the PM. This is universally so, even under the 1997 Act made by Nawaz Sharif himself. Also accepted by the Supreme Court in Asfandyar Wali Case,” he added.
“Ch Nisar and Zahid Hamid say that the Opposition’s TORs are unconstitutional because they will apply retrospectively, but all corruption laws must apply retrospectively because they are promulgated to address prevailing corruption,” said the PPP leader, adding that even the 1997 Law made by PML-N as well as the NAB Ordinance, which has been accepted by PML-N as it has not amended it despite having a two-thirds majority, accept this principle. Also, the Supreme Court upheld the principle in Asfandyar Wali’s case.
“The Opposition TORs say is that all those named in Panama Leaks must declare year-wise assets and Income Tax details. Why should the PM have any hesitation in doing so with the rest?” the PPP leader argued.
‘WEAK SAUCE’:
With respect to government’s observation that the opposition’s TORs are restricted to Panama Papers alone and the opposition wants to protect bank defaulters and other corrupt elements, Aitzaz said that what the Panama Leaks disclose is a special genus of crime which is cross jurisdictional.
“Special law and expertise is required in this case. For all other offences, there are all manner of laws and agencies – FIA, NAB, FBR and others – at the disposal of the govt. Why does it not take action? The opposition is not stopping it. This is such a lame excuse,” he said.
Regarding the federal government’s claims that the prime minister has not been named in Panama Papers, Aitzaz asked why then he is the subject of the opposition’s enquiry.
‘HAVING COLD FEET, ARE WE?’:
“The PM himself offered himself for accountability. Is he having cold feet now? Opposition’s TORs include spouses, parents, children and grand children of all the respondents named in the Panama Papers. Who keeps offshore assets in his name alone? Hence if Hussain Nawaz is named (and admits), PM also falls in this category like all others named. No discrimination,” added the PPP leader.
“Nisar himself admitted in a 2012 interview that the prime minister owned the Mayfair apartments for the last 18 years in line with allegations that the PM purchased these properties in 1993-94. Kulsum Nawaz admitted in an interview with Guardian in 2000 that these properties were bought by Nawaz Sharif for his children’s education,” he asserted.
Referring to the ministers’ allegations that those who evade taxes are making the most noise, Aitzaz Ahsan said that the prime minister himself paid zero Income Tax during 1994 to 1996 at the time when, according to his interior minister, he was purchasing this highly valuable estate.
“Ch Nisar and Zahid Hamid said that the opposition is dictating the SC, but I ask how. If anyone wants to overawe the SC, it is always the PML-N. The opposition wants CJP to head the commission but not with the TORs formulated by the accused himself,” Aitzaz said.
‘MALA WHAT?’
He said that the PML-N ministers say that the opposition has mala fide intentions as they do not want to fight corruption, they only want to nail the PM.
“BUT, the prime minister, during his first address to the nation himself rightly said that anyone who has illicit wealth does not keep it in his own name. Of course! That is why the curtains and ‘veils’ of offshore companies – Nielson, Nescom, Minerva and Corporate Holdings etc – have been used by the prime minister and his kids,” asserted the PPP leader.
“The only opposition TOR which is exclusive to the PM is the one about his status as a state guest in Saudi Arabia after a deal between him and the governments of Pakistan and Saudi Arabia. As a state guest, neither him nor those that went voluntarily with him, had a special status. They volunteered to remain in ‘Pakistan’s custody’ even there and were not allowed out of Saudi Arabia without the consent of the Musharraf regime. All gifts and funds received by them as such when they were ‘prisoners’ should be forfeit to the Pakistani government,” Ch Aitzaz Ahsan concluded.
