Obstruction of justice? Volume X will be key document in tomorrow’s decision

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The chips seem to be down for Prime Minister Nawaz Sharif as the five-member bench of the Supreme Court is all set to announce its much-awaited verdict on Panama Papers Case today.

Other than concealment of assets and submission of forged documents, it seems Volume-X may prove to be lethal for the premier as is reportedly carries evidence of official correspondence between the government of Pakistan and foreign governments with a request from the former “not to share any official record with the six-member Joint Investigation Team (JIT)”.

As per sources who have had access to the said document, Volume-X, titled, “Mutual Legal Assistance Requests ─ Ongoing”, contains correspondence of the federal government with foreign governments that the JIT had written to, requesting assistance in the ongoing investigation. In this correspondence, sources say, the government has requested the foreign respondents not to entertain the requests of the JIT.

In such a scenario, the government’s chances of getting a favourable judgment by the bench would be highly unlikely, as the government’s request may tantamount to ‘obstruction of justice’.

Jurists believe that federal government’s requests to foreign governments may prove to be the last straw to break the camel’s back.  

Advocate Supreme Court Chaudhry Faisal Hussain said that Volume 10 of JIT report deals with the correspondence and their replies from six countries approached by JIT to collect evidence. ‘British Virgin Island and UAE have honored, while the replies from other countries are waiting,’ he said. When asked what any attempt by government to affect the MLA would be tantamount to, Hussain said that it would be akin to defrauding and obstruction of justice.

Experts believe in an extremely adverse verdict, Prime Minister Nawaz Sharif may face a disqualification from being a member of the Majlis-e-Shoora (Parliament) under the article 62/63 of the Constitution, while the court may ask the NAB to reopen corruption references against Sharif family including Hudaibiya Paper Mills Case.

Moreover, the bench may also refer the matter of submission of false/forged documents with the court to the trial court, asking registration of FIRs against the accused for perjury. The prime minister would have a chance to file a review petition to the same bench, raising any question of law.  

In case of disqualification, the court would send a reference against the Prime Minister to the Speaker National  Assembly Sardar Ayaz Sadiq, who would have thirty days to forward it to the Election Commission of Pakistan (ECP) for de-seating the premier as Member of the Parliament.

If the Speaker fails to forward the reference to the ECP, the reference would be transmitted to the ECP automatically.    

Moreover, PTI is trying to create an impression that once the prime minister is disqualified, there would be a caretaker setup for two years, which would hold a thorough accountability and that general elections would be held afterwards.

However, sources in the know claim that this is not going to happen and the civilian and military leadership have agreement that this assembly would complete its stipulated term. For the time being,  Sardar Ayaz Sadiq is frontrunner to act as prime minister as a stop-gap arrangement. However, you never know as Mian Nawaz Sharif can pull a surprise anytime. Later, Shehbaz Sharif would takeover and will serve till May next year.

General elections 2018 are going to be held next year and the system would continue without any adventure.