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SC forms JIT to probe PM`s assets

By Nasir Iqbal 2017-05-06
ISLAMABAD: The Supreme Court formed on Friday the much-awaited six-member joint investigation team (JIT), headed by a senior officer of the Federal Investigation Agency, to probe allegations stemming from the Panama Papers leaks about assets of Prime Minister Nawaz Sharif and his children.

After considering thebackground and antecedents of the of ficer, a threejudge benchheaded by Justice Ejaz Afzal Khan appointed FIA`s Additional Director General Wajid Zia, a grade 21 officer, as head of the probe team.

Other members of the JIT are: Amer Aziz of the State Bank of Pakistan, Executive Director of the Securities and Exchange Commission of Pakistan Bilal Rasool, National Accountability Bureau Director Irfan Naeem Mangi, Brig Muhammad Nauman Saeed of the InterServices Intelligence and Brig Kamran Khurshid of the Military Intelligence.

On April 20, the Supreme Court had, by a majorityverdict of three to two, ordered the constitution of the JIT to probe the assets of the prime minister and his children.

However, the minority judges Justice Asif Saeed Khosa and Justice Gulzar Ahmed in their dissenting notes had disqualified the prime minister for not being honest before the nation, parliament and the court.

At the last hearing on May3,theSCspecialbench on implementation of the Panama Papers judgement had summoned the SECP chairman and acting governor of the SBP for Friday after expressing dissatisf action over the representation sent by the two stateinstitutions.

They presented a sealed envelope contain-ing a list of all officers of grade 18 and above of the two institutions.

At this, Justice Sheikh Azmat Saeed regretted that when the court verified the names of the of ficers sent by the SECP and the SBP, it discovered that the officers recommended neither had any idea about investigations nor had any financial integrity, and they also had political af filiations.

`That was the reason we asked for the fresh list, Justice Saeed observed.

But Attorney General Ashtar Ausaf regretted that those whose names had been rejected were being dubbed `jet black` by the social media as well as the mainstream media.

`But we have not released the names of any officer,` Justice Saeed wondered.

Justice Ijaz-ul-Ahsan regretted that the names had been leaked by the departments concerned themselves which eventually led to a discussion in the social media. The heads of the departments, therefore, needed to be held responsible and accountable, he observed.

These names were never shared by the chief justice or the court staff, Justice Saeed said, adding that they had been leaked by the departments.

`I see a concerted effort to make this JIT controversial,` Justice Ahsan deplored and said the leaks were intentional and being done by the one who would be the ultimate beneficiary of the controversial JIT.

`Have you ever watched TV?` asked the attorney general.

Justice Ejaz Afzal Khan replied in the negative and said the court was not going to follow popular sentiments.

`We do not care what the leaders say,` Justice Khan said, adding that the court would walk the tightrope of the law and the Constitution.

Justice Saeed observed that the court would decide the case in accordance with the law and the Constitution and none should bother that `we want to have some popularity`. `My oath does not spell out that I have to be popular,` he quipped.

`We know how to control the mediaand chase social media, but freedom of the press was something very close to our heart,` Justice Saeed said.

The attorney general requested the court to issue an order restraining discussions on television as people were being maligned.

Justice Ahsan asked Mr Ausaf to tell the heads of the departments not to act funny or oversmart. `This is a pending matter, a solemn occasion. We have to maintain the dignity and decorum of the court while keeping a balance between it and freedom of the press at the same time,` the judge observed.

JIT office, funding According to the court order, the secretariat of the JIT will be housed in the FIA building, Islamabad, where they will be provided adequate office accommodation and related facilities.

The requisite approval has been obtained from Chief Justice Mian Saqib Nisar in this regard.

Since the JIT will be needing funds in connection with the investigations, the federal government was directed to provide necessary funds. The court directed the government to initially disperse an amount of Rs20 million forthwith so that the JIT could not feel handicapped in its movement in any direction.

The funds will be placed at the disposal of the JIT head.

The head and members of the JIT will arrange secretarial staff of their choice from their respective departments and will also be at liberty to utilise the expertise available in theirdepartments or any other department of the federal or provincial governments as and when required by it.

The boarding, lodging and transportation of the JIT members will be provided by their respective departments in accordance with rules.

The JIT will also have the power to engage and associate local or foreign experts to facilitate the investigation and collection of evidence in line with the April 20 judgement. It will also have the powers given by the law relating to investigation, including those available in the Code of Criminal Procedure 1898, the National Accountability Bureau Ordinance 1999 and the Federal Investigation Agency Act 1975.

As the JIT, in essence and substance, is acting on the directive of the Supreme Court, all executive authorities throughout the country would act in aid of the JIT, the order said.

`If and when any person fails or refuses to associate with or appear before the JIT or refuses to cooperate or provide oral or documentary information required by it, the same should be immediately brought to the notice of the Supreme Court for taking appropriate action,` it added.

The court ordered Interior Secretary Tariq Mehmood to make necessary arrangements for security of the secretariat and the JIT members.

The court asked the JIT to commence and complete the investigation and submit its final report in terms of the April 20 judgement as well as fortnightly progress reports.

The next hearing will be held on May 22.