PHOTO: AFP
ISLAMABAD: Top representatives of the lawyers’ fraternity have demanded that the investigation into Panamagate scandal should be started from the Sharif family.
The demand was made in a unanimous resolution adopted at a lawyers’ convention organised by the Supreme Court Bar Association (SCBA) on Saturday. The resolution says the investigation should start from Prime Minister Nawaz Sharif and his children, three of which, according to the Panama Papers, own offshore companies in a tax haven.
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“[The proposed inquiry commission must] find out if he [the prime minister] has invested or owned any offshore properties or some crime or wrongdoing has been done inclusive of the trail of money/funds and reconciliation with the declarations before the Election Commission of Pakistan and income/wealth tax authorities from 1-1-1985 till date,” reads the resolution.
The legal community gave two-week time to the 12-member parliamentary panel to formulate the terms of reference (ToRs) for the commission with consensus. If the parliamentary panel fails to thrash out the ToRs within the deadline, then the legal community will be ‘forced’ to take steps to have this matter of public interest concluded in a workable and effective manner, it says.
Pakistan Bar Council Vice Chairman Farogh Nasim said if the parliamentary committee did not formulate ToRs within 15 days, the legal fraternity could use all options, including a street movement as well as filing a petition under Article 184(3).
The resolution says the inquiry should be restricted to parliamentarians and holders of public office ‘as they have to conform’ to the requirements of Articles 62 and 63 of the Constitution, and not against businessmen or loan defaulters, who have not been lawmakers or holders of public office.
It urges Chief Justice of Pakistan Anwar Zaheer Jamali to nominate two eminent judges, sitting or retired, of the Supreme Court, and a legal expert of eminence as members of the commission.
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The lawyers suggest the time period for completion of the investigation should be two months extendable to a maximum of six months from the date of commencement of the investigation. “The commission shall cease to exist once it has finalised the investigation. However, no member of the commission shall be removed until the commission ceases to exist when the investigation is finalised or when the period of six months has elapsed.”
The resolution says the commission should publish and shall make public its findings and conclusions itself without any reference to the government of Pakistan. The hearings of the commission shall be open and transparent.
It recommends that the commission should have the power to constitute an international joint investigation team or teams and to seek cooperation from foreign agencies to provide information, documents, evidence and record from abroad.
“[In this regard it may direct] the government of Pakistan to move the mutual legal assistance requests or otherwise request for cooperation and assistance in the investigation or issue letters derogatory in accordance with the United Nations Convention Against Corruption,” it says.
Published in The Express Tribune, May 22nd, 2016.
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