ISLAMABAD: Prime Minister Nawaz Sharif has claimed that he has no assets abroad and has nothing to do with any offshore companies mentioned in the Panama Papers.

In a written reply to allegations of concealment of assets abroad, money-laundering and tax-evasion levelled in identical disqualification petitions filed against him with the Election Commission of Pakistan (ECP), the prime minister has said he has not violated any provision of the Representation of Peoples’ Act and has vehemently denied the accusations.

PM Sharif’s reply also questions Pakistan Awami Tehreek (PAT) chief Tahirul Qadri’s plea for his disqualification on the basis of the 2014 Model Town incident, insisting that it was wrong to suggest that he had no legal or moral authority to rule just because he was accused in an FIR.

PM’s lawyers continue to insist on ECP’s lack of jurisdiction in the matter

The prime minister’s legal team has argued that the petitioners have produced no evidence to substantiate their allegations, and asked for the petitions to be dismissed.

An ECP bench, headed by Chief Election Commissioner (CEC) retired Justice Sardar Mohammad Raza Khan, is hearing disqualification petitions against Prime Minister Nawaz Sharif, Punjab Chief Minister Shahbaz Sharif, his son Hamza Shahbaz, the prime minister’s son-in-law retired Captain Muhammad Safdar, Finance Minister Ishaq Dar, PTI chief Imran Khan and PTI secretary general Jahangir Khan Tareen, PTI Senator Liaquat Tarkai and two PTI members of the KP Assembly.

The prime minister and his relatives only responded to the specific allegations levelled in the petitions on the continued insistence of the ECP.

So far, the prime minister’s defence has concentrated on questioning the ECP’s jurisdiction. At the previous hearing, the ECP had announced that it would decide the question of jurisdiction first, but had asked all respondents to file written replies to the accusations levelled. After the formality was met, the ECP said on Monday it would hear arguments on its jurisdiction at the next hearing on Nov 2.

It has been argued that the allegations contained in the petitions pertain to pre-election qualifications under Article 62 of the Constitution, which can only be agitated through an election petition under Article 225 of the Constitution by a rival contesting candidate within the statutory limitation period.

Article 225 of the Constitution reads “No election to a house or a provincial assembly shall be called into question except by an election petition presented to such tribunal and in such manner as may be determined by act of parliament”.

It has also been pointed out that no reference has been moved to the commission by the speaker of the National Assembly. Under the Constitution, it is the speaker who alone is entrusted with the constitutional role of deciding whether a question has arisen relating to the disqualification of a member of the National Assembly, which may then be referred to the Commission for further proceedings.

It has been emphasised that no valid, final and binding determination or declaration has been made by a competent court in respect of the allegations and no such proceedings were initiated before a competent forum.

Former attorney general Salman Aslam Butt appeared before the commission on behalf of the prime minister and his other relatives, while senior counsel Hamid Khan represented PTI chief Imran Khan.

Mr Khan argued that there was issue of no jurisdiction in the references referred to the commission by the speaker, adding that the confusion pertained only to direct petitions filed with the ECP. However, he said he would not raise such objections.

The commission is also expected to take up the foreign funding case against the PTI on Dec 1. The case was filed by PTI founding member Akbar S. Babar in November 2014.

The PTI lawyer in the foreign funding case requested the ECP to postpone the hearing of the matter, since the Islamabad High Court would hear its writ petition seeking the quashing of any scrutiny of PTI accounts by ECP on Nov 29.

Mr Babar’s lawyer, Syed Ahmed Hasan, urged the ECP to demand that the PTI lawyer present the financial documents ordered by the commission. When the CEC inquired why his client was refusing to submit documents, the lawyer cited the upcoming hearing in the high court.

Published in Dawn October 11th, 2016