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Resuming hearing of the Panamagate case on Tuesday, Justice Asif Saeed Khosa told the Pakistan Tehreek-i-Insaf (PTI) to knock on the doors of accountability courts if it wishes to receive a judgement on the basis of National Accountability Bureau investigations.

Justice Khosa, heading a larger bench of the apex court, remarked that the Supreme Court is a constitutional court, not a trial court.

The five-judge bench is hearing petitions seeking the disqualification of the prime minister over investments made by his family members in offshore companies.

Justice Khosa apologised for the remark he made yesterday in which he had said to the PTI's lead counsel Naeem Bokhari, "If we start disqualifying people under this pretext, no one will be spared, not even your clients."

The judge had been referring to the PTI's call for disqualification of holders of public office on the basis of statements which are contradictory in nature under Articles 62 and 63.

PTI's Bokhari presented in court an investigative report from the Federal Investigation Agency (FIA) ex-deputy director Rehman Malik.

Bokhari alleged that the report proves money laundering allegations against Finance Minister Ishaq Dar.

In response, the court reminded Bokhari that the Panamagate case is restricted to the London flats.

Justice Aijaz Afzal advised PTI counsel Naeem Bokhari to approach NAB to reopen the Hudaibiyah Paper Mills case. He added that the SC could direct NAB to investigate cases, but it is not in the apex court's jurisdiction to ask the NAB to investigate references.

"The sanctity of the court needs to be maintained at all costs, do not take us out of our parameters," he warned.

"We will only hear the case within the limits of Article 184/3," Justice Aijaz said. Article 184 pertains to the original jurisdiction of the Supreme Court.

During the hearing, the court reminded Bokhari that a ruling cannot be based on newspaper clippings submitted as 'evidence', to which the PTI counsel responded saying that the court has ruled on the basis of newspaper clippings in the past.

Justice Azmat Saeed asked Bokhari if any other court in the world has given a ruling based on the Panama Papers to which the PTI's lead counsel responded saying that the SC should take the first step and set an example.

On Monday, the Pakistan Muslim League-Nawaz (PML-N) and the opposition PTI continued to level allegations against each other over the Panamagate scandal.

Leaders of the two parties held press conferences outside the SC soon after the hearing of the Panama Papers case and claimed that the court’s decision would come in their favour.

Yesterday Justice Khosa identified "honesty" as the real issue in the Panama Papers case, more so than the Sharifs’ purchase of four London flats or the time of their purchase.

"The real issue is that all statements made by Prime Minister Nawaz Sharif — in his address to the nation as well as the parliament — contradict each other," regretted Justice Asif Saeed Khosa during the hearing on Monday, wondering whether the person making the statements was not being honest to the people, the National Assembly and even the apex court.

At the same time Justice Sheikh Azmat Saeed, pointing towards PTI’s Advocate Naeem Bokhari, had emphasised the need for caution in deciding a disqualification case under Articles 62 and 63 of the Constitution on the basis of a statement made by the holder of a public office, which later turned out to be false. "If we start disqualifying people under this pretext, no one will be spared, not even your clients," the judge observed.

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Comments (60) Closed



IB Jan 10, 2017 12:17pm

and follow the truck light... this is getting from funny to absurd...

saad saeed Jan 10, 2017 12:21pm

If I am not mistaken the supreme court itself had observed that NAB courts were not functioning properly.

ihsan Jan 10, 2017 12:24pm

"No one will be spared", We the people must not care. Why care for someone who is dishonest. Let everyone dishonest be disqualified. This is the way forward.

Smart Solutions Jan 10, 2017 12:27pm

It looks like that petitioners did not do their home work, to bring complete set of documented evidence to prove any corruption. My its also clear that defendant may have caused himself some damage by giving conflicting statements. Many possibilities as to if there is enough proof for conviction?

Omer Jan 10, 2017 12:28pm

Thus proved Pakistani system is hopeless

Rajab Ali Jan 10, 2017 12:43pm

Sweep the culture once and for all irrespective of who are going to be swept away!

Observer Jan 10, 2017 12:41pm

“If we start disqualifying people under this pretext, no one will be spared, not even your clients”, if someone has done anything against the law of the land why should he be spared.

Tamza Jan 10, 2017 12:43pm

@Smart Solutions ridiculous. This issue should really be driven by the Government ethics office - is there such under the monarchy in the country. Failing that the SCoP should take Suo Moto-like action, afterall PTI has laid most of the groudwork.

Saif zulfiqaR Jan 10, 2017 12:46pm

All the appointees in the top positions of government are supporters of Nazwaz Shariff. So please stop complaing about Shariff's corruptions because nobody can touch him.

Khan Jan 10, 2017 12:52pm

Our Institutions should learn what is their role in the betterment of our society before people takes everything in their own hands.

Sab Se Pehle Pakistan Jan 10, 2017 12:57pm

The nation is observing everything and what they are observing is pretty clear. Honestly if the nation loses their last hope. We are running towards a civil war. May God have mercy on Pakistan.

farhat abbas advocate Jan 10, 2017 01:07pm

i dont think anything tangible gonna come out of day to day hearing in the Apex court.Every day matter starts afresh and ends in the afternoon from where it started.I also feel that supreme court will not give a clear verdict in favor or against anyone..Only observations will be made,debates on the channels and nothing else.

Tahir Amjad Jan 10, 2017 01:13pm

@Observer Easy said than done. Application of Art.62,63 will bring about a disastrous havoc. Even U and me will be disqualified to exist.

Umair Jan 10, 2017 01:14pm

So we knew that...nothings going to happen. Pakistan zindabad

rehan Jan 10, 2017 01:18pm

Civil war happen when cause are common even in one family everybody think different way but where civil war happen you need to have common ground and here it is truti fruity so nothing will happen just sit back and relax

analyses Jan 10, 2017 01:22pm

@Tahir Amjad: I think you are unclear what is article 62 and 63...it states that the head of the country should be Saadiq and Ameen or else should be disqualified. It does not pertain to you or me.

F Khan Jan 10, 2017 01:40pm

@SAB SE PEHLE PAKISTAN :There will be no civil war but useless dharna for 2 weeks and then a u-turn, & life will return to normal. PTI will come up with something new like CPEC etc. till 2018 elections and then after an election loss a new rigging story again.

kanwarch Jan 10, 2017 01:42pm

This is not going anywhere and nothing will happen and status quo will be maintained. There is a long road of struggle ahead for democratic minded people and civil society. i see no light at the end of tunnel and I see Pakistani society gradually getting more fragmented and corrupt mafia taking over the country for ever. Country is sliding backwards in all domains that include health parameters, social standing, poverty, education, sports, exports, industry, agriculture, increasing external and internal debts to record levels, and list goes on. I can see the politicians of all shape and sizes getting richer and richer, but nothing else.

haider shaikh Jan 10, 2017 01:53pm

Playing the musical chair..

Al Fatmi Jan 10, 2017 02:10pm

Dead end ahead....corrupt will rule and the rest will pay for their corruption.

Khurram waqas Jan 10, 2017 02:24pm

It looks as if PTI's counsel instead of establishing the ownership of flats in the early 90's to the Sharif family, is resorting to controversial Rehman Malik's report, which has yet to be proven in the Accountability Court. They Should accept the defense' response, the 'Al-Thani Letter'. Until the defense provide all the transactional details, only then they can prosecute on the authenticity of the transactions themselves. Submitting past unsolved investigative report on alleged 'money laundering scam' is a waste of time of the Apex court mandated only by article 184/3 of the constitution.

Skeptic Jan 10, 2017 02:36pm

Round and round we go. Where we end up, we never know!

NAB is a useless as broken door knob!

Athar Sherwani Jan 10, 2017 02:48pm

It looks like the latest PTI orchestrated drama has failed again because it's script has not convinced the jury. Mr. Bokhari has already openly admitted that he has not lost the case, it's IK who has lost! How apt. PTI supporters do want a just society but unfortunately they are being led by a naïve and conceited leader who is vey good at leading a compaign like SKMH but politics is an altogether different situation where you have to establish your credibility with voters. Unfortunately his obsession with NS has derailed PTI from it's path.

Dr. P. Zaheer Jan 10, 2017 02:47pm

@kanwarch Agree entirely

Essar Jan 10, 2017 03:03pm

The reality of the fact is this country is just for the elites. There is no consideration of how the corruption of the ruling party has amassed huge wealth while young people struggle to even find a decent full time job. The Sharifs and Zardaris enjoy living in huge mansions while the common man of Pakistan is still struggling with food, healthcare and education. It is a pity that the institutions of Pakistan are so hopelessly failing to provide the services they should

BAXAR Jan 10, 2017 03:04pm

IK seems to be confused about the goal he means to achieve and it's consequences. When the goal is within reach, the consequences look frightening to manage. When he tries to manage the consequences, the goal slips away. You can't have the cake and eat it. Getting rid of NS will have consequences for a major portion of his supporters. To avoid these consequences, he has to let NS free. A dilemma he needs to sort out quickly.

Talha Khan Jan 10, 2017 03:21pm

To all respectful readers.

It is not rocket science to determine how leaders are able to accumulate immense wealth in a country that is lacking financial resources as evident by the trade deficit and foreign borrowings.

Not making proper asset disclosures is a breach of executive duties. How can the public rely on a leader and his public office holders?

We do not want leader who make friendships in the Arab world for their self interest. This is totally wrong for the sake of democracy.

Pakistan is the most talented country in the World. We need leaders who will treat it with care and not just look out for their personal gains and then find ways to hide it.

Adil Jan 10, 2017 03:21pm

@Saif zulfiqaR, Do you really know the criteria in appointment of judges? Or just heard it from someone else

Adil Jan 10, 2017 03:25pm

@Saif zulfiqaR Do you know the criteria of appointment of judges? Or simply trying to quote what was heard

iffi Jan 10, 2017 03:40pm

so the untouchables will remain untouchables ..... :( this is ironic that in Pakistan a poor or a middle class buy a car or anything valuable fbr will be knocking at there doors but elite royals are untouchables .... what a shame

F Khan Jan 10, 2017 03:53pm

@TALHA KHAN: So why not start with Kaptan....with no disclosed source of income for years can he tell us how is he managing his personal and bani-gala expenses?

Umar Jan 10, 2017 03:57pm

Does the SC realise that world is watch Pakistan .It had to give a clear verdict

adnan mazher khan Jan 10, 2017 04:00pm

Sounds of decision are already ringing at our ear drums. The judgment is evident and we all know who is the beneficiary.

F Khan Jan 10, 2017 04:05pm

@UMAR: Remove your PTI glasses, you will start seeing things very clearly.

PHILOSOPHER (FROM JAPAN) Jan 10, 2017 04:08pm

Sometimes I remember the 'thanksgiving' day and the victory signs waving by IK. Infact his political knowledge is quite superficial. Its true he's no involved in money laundering in Pakistan (exception to the UK whose taxes he evaded through offshore company) but it isn't enough to get success in Pakistani politics. Sometime they need to shakehand with rivals, and other times make coalition (based on political situation). IK doesn't have such 'necessary elements' required for Pakistani politics, therefore, he is misfit in this system. He needs to take retirement gracefully from politics and start his philanthropic work again. This is just a cool and free advice :).

I m Pakistan Jan 10, 2017 04:14pm

This country is can't be changed. No hopes for fair people. Rest in peace....honesty and truth.

Gaf Jan 10, 2017 04:16pm

@Tahir Amjad No all you need is to set a example and define a criteria where a once should be expected to reach and should not fall under.

For example, anyone found to have committed fraud, crime or perjury while in any form of political position should be banned forever.

BAXAR Jan 10, 2017 04:22pm

@iffi " this is ironic that in Pakistan a poor or a middle class buy a car or anything valuable fbr will be knocking at there doors but elite royals are untouchables ". They make their concerns heard with your help, why don't you. The same poor or middle class come out in the street to protest for elite's concerns, and change the government, but stay at home for their own concerns.

Shahid Jan 10, 2017 04:48pm

It is a matter of a responsible public servant reading out contradictory statements on venues of the highest responsibility at different occasions. Why regret on his contradictory statements. Instead he needs to be held responsible for his own contradictory read out statements.

Maria Jan 10, 2017 05:04pm

Nothing seems to be coming out of these SC hearings. They will give the verdict in the favor of the defendants. I'm so sad that in my beloved country mostly everyone has failed in providing justice.

aamna imtiaz Jan 10, 2017 05:04pm

@farhat abbas advocate u are absolutely right

Abid Tauseef Jan 10, 2017 08:31pm

The supreme court is correct they are there for some other purpose. Everyone should understand by now...If someone has any doubt they can try again and again but the result will be the same as facts do not change

Mare Jan 10, 2017 09:12pm

@ihsan That would include Imran Khan. That is the problem no PTI supporter is willing to accept. That is the main issue, if everyone is suspended or expelled, then everyone will say their leader is okay and accuse the others of corruption.

Faruk Ahmed Jan 10, 2017 09:23pm

@Saif zulfiqaR

God will.

Tahir Chaudhry Jan 10, 2017 09:26pm

@Saif zulfiqaR : Sir, agree with you 100%. This is Pakistan.

Talha Jan 10, 2017 09:49pm

PTI and those who want a corruption free Pakistan are being fooled. There are so many painstaking and time consuming rules and procedures to seek justice but anyone can loot, kill or cheat anyone anytime with no controls or remedial actions whatsoever!

Ashraf wadiwala Jan 10, 2017 10:22pm

@Observer Exactly.

Ashraf wadiwala Jan 10, 2017 10:20pm

@Tamza The government doesn't have ethics.

Javed Rahman Jan 11, 2017 12:52am

This case will die on its own. There is no life in it only waste of time and money. Everybody is naked in this washroom

Starr Jan 11, 2017 02:36am

@Maria If one cannot prove the case beyond the reasonable doubt, defendants have to be spared. God save Pakistan from PTI's foolishness.

Lakhkar Khan Jan 11, 2017 02:43am

I word of advise to PTI leadership, if you want to make Pakistan better, follow train tracks against the flow and keep on going. You all are the biggest obstacle to prosperity wasting government's resources with your idiotic agitations. I wish you the worst.

Aussie Jan 11, 2017 04:52am

is there any retirement age in pakistan for politicians and cricketers?

Quresh Jan 11, 2017 07:04am

None of them graduated from any well known law school.

M. Ahmed Jan 11, 2017 10:13am

Reflection of a corrupt society can be found in every department of our government,

Sheharyar Khan Jan 11, 2017 12:53pm

@PHILOSOPHER (FROM JAPAN) please first clearly understand the difference between tax evasion and avoidance before your allegations.

DJ Jan 11, 2017 03:02pm

Alas! another failure for PTI.I am not saying accusations were wrong but the way the move their case and lawyers made to stone unturned to fail themselves.

BAXAR Jan 11, 2017 04:07pm

@Starr "If one cannot prove the case beyond the reasonable doubt, defendants have to be spared." Try to prove 2+2=4 beyond reasonable doubt, keeping in mind that if proven, democracy will be derailed. Majority will settle for any number except 4.

Syed Ahmed, canada Jan 11, 2017 05:39pm

@saad said Very true.

syed & syed Jan 12, 2017 03:29am

Panama leaks are true and it is also a fact that Shareef's owns property in UK. If some one turns the pages of past newspapers will know how these Shareefs became rich and where the money landed.BUT Mr Bokhari an immature lawyer spoiling the entire case. A wrong choice by Imran Khan

Keenobserver Jan 12, 2017 07:19am

Majority of people are uneducated, unaware of their rights. They respond to power for generations and don't know any other way.

After all that we know, yet no justice simply means this country is not ready to let go of its powerful and elites.