ISLAMABAD: With the Supreme Court scheduled to resume hearing the Panamagate case on Tuesday, one of the petitioners in the case, the Jamaat-i-Islami (JI), filed on Saturday a fresh application, submitting to the court what could be termed its own terms of reference for consideration.

The application has asked the court to make all the family members and business entities of the people mentioned in the Panama Papers parties in the case.

The four-page application was submitted to the court by Advocate Asad Manzoor Butt on behalf of JI emir Sirajul Haq with a request that all those who might become parties in the case after due consideration of the court be given an opportunity to defend themselves through replies rebutting allegations levelled against them in the Panama Papers.

A five-judge bench headed by Chief Justice Anwar Zaheer Jamali will resume the proceedings in the case on Tuesday and senior counsel for the Pakistan Tehreek-i-Insaf (PTI) Naeem Bokhari will recommence his arguments from the point where he was at the end of the last hearing.

The application has been moved because the court may consider constituting a commission of inquiry to investigate the allegations that family members of Prime Minister Nawaz Sharif laundered money to acquire four apartments in London.

During the preliminary hearings, the court had hinted that it would constitute an inquiry commission, to be headed by an apex court judge and enjoying all the powers of the Supreme Court.

However, the decision to constitute a commission will be taken by the bench after the counsel representing PTI as well as the prime minister complete their arguments.

The JI application has also requested the court to instruct the Federal Board of Revenue as well as the Election Commission of Pakistan to submit copies of the tax returns — including details of properties, assets both inside and outside the country, and copies of relevant documents — to the court and the trial commission of all those who become parties in the case.

The application says the inquiry commission, if constituted, should also issue orders for making arrangements to get information and documents from other relevant countries/states as per international laws, pacts, conventions and treaties, including the United Nations Convention Against Corruption, especially provisions of the Mutual Legal Assistance Request and Stolen Assets Recovery initiative.

The commission should also instruct the Federal Investigation Agency, National Accountability Bureau and other organisations to study the papers and information available on record and submit a report about the legal position of the issues involved to the commission within a specified period, the application said.

The commission would also order that all records, documents, statements, tax returns and other available evidence be audited by forensic audit firms, the application suggested, adding that the firms should be enjoying a good reputation.

The application said the commission should be capable of exercising inherent powers of the court to adjudicate justice and taking steps/measures according to the principles of natural justice.

Published in Dawn, December 4th, 2016

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