ISLAMABAD: The Jamaat-i-Islami (JI) challenged before the Supreme Court on Saturday the act of its registrar to return the party’s petition demanding an inq­uiry into the Panama Papers leaks involving family members of Prime Minister Nawaz Sharif.

“The objection raised by the registrar office that the petition prima facie appears to be frivolous is of no legal consequence because nothing has been stated why and how the petition filed by the appellant is frivolous,” argues the JI appeal.

On Aug 27, the court’s registrar office returned the petition moved on behalf of JI Emir Sirajul Haq and requesting the court to declare ‘illegal transfer of national wealth for making investments in offshore companies’ an offence under Section 9 of the National Accountability Ordinance (NAO).

The party says the matter is of public importance and needs thorough investigation

The court office had returned the petition on the grounds that it appeared to be frivolous within the contemplation of Order XVII Rule 5 of the Supreme Court Rules 1980.

A similar petition filed by the Pakistan Tehreek-i-Insaf was also returned by the registrar office on Aug 30.

“Unless and until reasons are given... in support of the order (to return the petition), the same is of no legal importance and for this reason this objection needs to be ignored and declared illegal and without jurisdiction,” says the JI appeal which was filed by Advocate Asad Manzoor Butt.

Under the rules, the appeal will be heard by a single judge in his chamber. If the judge upholds the appeal, the case will be taken up by a bench of the apex court. Otherwise the order of the single judge can again be challenged before a three-judge bench.

Referring to the objection raised by the registrar office that the petitioner had approached the top court without initially going to an appropriate forum, the appeal says that the matter raised in the petition is of public importance and has also generated global interest.

“The matter is of such importance that it needs to be investigated very thoroughly by this court,” the appeal argues.

“The individual involved in the allegations disclosed through Panama Papers leaks is holding very important executive, administrative and political positions. Therefore no other court can properly and effectively deal with the matter highlighted in the petition,” it says.

It is for this reason that the petitioner did not approach any high court because the jurisdiction of a high court is limited only to the province coming under its jurisdiction, the appeal argues. The matter involved in this case is related to the entire country and as such only the Supreme Court can grant proper relief to the petitioner.

Similarly, it says, Order XVII Rule 5 of the Supreme Court Rules is not applicable in the petition because it relates to matters coming within the appellate jurisdiction of the court and the petition is relatable to original jurisdiction of the court.

Thus it is clear that the objections taken by the registrar office are of no legal consequence and the petition needs to be entertained, the appeal says.

In the circumstances, the Aug 27 order of the assistant registrar (civil-II) exercising the powers of the registrar needs to be set aside by the Supreme Court with a directive that the petition be entertained and put for hearing before a bench, it pleads.

Published in Dawn, September 4th, 2016