Panama Verdict: Disqualification of PM Nawaz Sharif

Prime Minister Nawaz Sharif has been declared unfit for holding office and got disqualified in the final Panama verdict of Panama Case by Supreme Court after JIT final report submission.

Five member larger bench of top court was formed to announce the much-awaited concluding decision of Panama Case. Justice Sheikh Azmat Saeed, Ijaz-ul-Ahsan, Justice Gulzar Ahmad, Justice Asif Saeed Khosa and Justice Ijaz Afzal were part of the bench.

July 21, 2017 has set one great landmark in the history of Pakistan proving that law treats common man as well as the leaders of state at equal grounds.

After disqualification of Pakistan’s Prime Minister, National Accountability Bureau (NAB) has been ordered to file and prepare reference within coming six weeks against the premier ‘Nawaz Sharif’, Maryam Nawaz, Hassan and Hussain Nawaz Sharif, Capt (Retd) M. Safdar and others.

The final order of the Supreme Court of Pakistan has been detailed below:

1. The NAB has been ordered to prepare and file, within the following six weeks from judgment date, the References before the Accountability Court of Rawalpindi/Islamabad. The References based on collected and referred to materials by Joint Investigating Team (JIT) in the report along with other materials of evidence that may be available to the Federal Investigating Agency (FIA) and NAB and that may have nexus with mentioned assets below or which may subsequently become available including material that may come before it pursuant to the Mutual Legal Assistance requests sent by the JIT to various jurisdictions:-

• Reference against Mian Muhammad Nawaz Sharif, (respondents No. 1), Maryam Nawaz Sharif (Maryam Safdar), (Respondent No. 6), Hussain Nawaz Sharif (Respondent No. 7), Hassan Nawaz Sharif (Respondent No. 8) and Capt. (Retd). Muhammad Safdar (Respondent No. 9) relative to Avenfield properties (Flats No. 16, 16-A, 17 and 17-A Avenfield House, Park Lane, London, United Kingdom).
• Reference against Mian Muhammad Nawaz Sharif, (respondents No. 1), Maryam Nawaz Sharif (Maryam Safdar), (Respondent No. 6), Hussain Nawaz Sharif (Respondent No. 7), Hassan Nawaz Sharif (Respondent No. 8) and Capt. (Retd). Muhammad Safdar (Respondent No. 9) relating to the Avenfield properties (Flats No. 16, 16-A, 17 and 17-A Avenfield House, Park Lane, London, United Kingdom). In preparation and filing of this Reference, the NAB may consider the already collected material during prior investigations conducted before, as indicated in the detailed judgments
• References against Respondents No. 1, 7 and 8 related to Azizia Steel Company and Hill Metal Establishment, as indicated in the main judgment
• References against Respondents No. 1, 7 and 8 related to the Companies referred to in paragraph 9 of the judgment rendered by Mr. Justice Ejaz Afzal Khan, Mr. Justice Sh. Azmat Saeed and Mr. Justice Ijaz ul Ahsan unanimously; Const. Ps. No. 29-30/2016 & 03/2017. 23
• References against Respondent No. 10 for possession of assets as well as funds beyond his acknowledged sources of income, as detailed in paragraph 9 of the judgment rendered by Mr. Justice Ejaz Afzal Khan, Mr. Justice Sh. Azmat Saeed and Mr. Justice Ijaz ul Ahsan unanimously;
• NAB shall include in proceedings all other related persons including Musa Ghani, Sheikh Saeed, Javaid Kiyani, Kashif Masood Qazi and Saeed Ahmed who have any kind of indirect or direct nexus with the procedures of respondents No. 1, 6, 7, 8 and 10 that have lead to acquirement of assets and funds beyond their known sources of income
• NAB shall be allowed to file additional Reference(s) if & when any other asset, which is not prima facie reasonably accounted for, is discovered;
• Accountability Court shall move on with and decide the aforesaid References within a given time period of 6 months from the date of filing such References; and
• In case, Accountability Court found any action, document or affidavit that had been filed by or on behalf of the respondents or any other related persons to be false, or forged or fabricated, it shall take befittingly action against the concerned person according to the law.

2. It is hereby stated and announced that having failed to disclose his un-withdrawn receivables constituting assets from Capital FZE Jebel Ali, UAE in his nomination papers filed for the General Elections held in 2013 in terms of Section 12(2)(f) of the Representation of the People Act, 1976 (ROPA), and having furnished a false declaration under solemn affirmation respondent No. 1 is not honest in terms of Section 99(f) of Const. Ps. No. 29-30/2016 & 03/2017. 24 ROPA and Article 62(1)(f) of the Constitution of the Islamic Republic of Pakistan, 1973 and, therefore, he is disqualified to be a Member of the Majlis-e-Shoora (the Parliament).

3. The Election Commission of Pakistan shall issue a notification for disqualifying respondent No. 1 from being a Member of the Majlis-e-Shoora (Parliament) with immediate effect, whereafter he shall cease to be the Prime Minister of Pakistan;

4. The President of the Islamic Republic of Pakistan is required to take all required steps under the Constitution to guarantee continuity of the democratic process.

5. The Honorable Chief Justice of Pakistan is requested to nominate an Honorable Judge of the Court to supervise and monitor implementation of the judgment in letter and spirit and oversee the proceedings conducted by NAB and the Accountability Court in the above mentioned matters.

6. This Court commends and appreciates the hard work and efforts made by Members of the JIT and their support and ancillary staff in preparing and filing a comprehensive and detailed Report as per our orders. Their tenure of service shall be safeguarded and protected and no adverse action of any nature including transfer and posting shall be taken against them without informing the monitoring Judge of this Court nominated by the Hon’ble Chief Justice of Pakistan.

7. We also record our appreciation for the valuable assistance provided to us by Mr. Naeem Bokhari, ASC; Mr. Makhdoom Ali Khan, Sr. ASC., Mr. Shahid Hamid, Sr. ASC, Khawaja Harris Ahmed, Sr. ASC; Mr. Salman Akram Raja, ASC; Dr. Tariq Hassan, ASC; Mr. Taufiq Asif, ASC; Sheikh Rasheed Ahmed, petitioner in person, Mr. Ashtar Ausaf Ali, Attorney-General for Pakistan; Mr. Waqar Rana; Additional AttorneyGeneral for Pakistan, Mr. Waqas Qadeer Dar, Prosecutor-General, NAB and Mr. Akbar Tarar, Acting Prosecutor-General, NAB and their respective teams.
8. These petitions are thus disposed of in the terms mentioned above.

The unexpected yet fair decision by Supreme Court of Pakistan has openly declared that none shall be spared even in future no matter what position one holds. Pakistan is one democratic state and the decision has restored Nation’s faith in truth and fairness.

During the time period of conduction of the required proceedings of six weeks, other eligible candidate from PML-N shall be elected as Prime Minister to complete the remaining period of presidency.

Pakistan Tehreek-e-Insaf (PTI) involved in filing and pursuance of case for almost three years to bring Sharif family to court, has finally found great victory today. Various parties that lost hope to stand up in coming elections of 2018 have regained hope of success and are ready to participate ardently in elections 2018.

Will people having faith in democracy of Pakistan be bringing Sharif family again for presidency and rule or not? Will the Supreme Court decision change the minds of people of Pakistan or not? They are extremely pertinent questions that can only be answered with time.