ISLAMABAD: The Supreme Court on Wednesday rejected an affidavit of former president Asif Ali Zardari and asked him to furnish within three weeks a fresh statement of moveable and immovable foreign assets that he has held since 2007.

Headed by Chief Justice Mian Saqib Nisar, a three-judge SC bench also asked the Pakistan Peoples Party co-chairman to disclose opening of any trust fund for the acquisition of properties or the beneficial ownership of any property or bank accounts being maintained abroad.

Such details should also cover information regarding Swiss accounts and the accounts in the name of his spouse Benazir Bhutto, who was assassinated in a gun-and-bomb attack on Dec 27, 2007, as well as in the names of their children Bilawal Bhutto, Bakhtawar Bhutto and Aseefa Bhutto.

• SC asks Zardari to provide details of foreign assets held since 2007 • CJP wonders if Musharraf could have bought downtown Dubai apartment with his lifetime earnings

The SC bench, which had taken up a petition of Lawyers’ Foundation for Justice president Advocate Feroz Shah Gilani, issued the same order for former attorney general Malik Mohammad Qayyum and retired general Pervez Musharraf while declaring the military dictator’s affidavit ‘unsigned’ and statement of foreign assets ‘unverified’.

The case pertains to recovery of a huge amount of public money wasted allegedly by Mr Zardari, Mr Qayyum and Mr Musharraf in the wake of the National Reconciliation Ordinance (NRO) in 2007.

On Tuesday, Mr Zardari affirmed through an affidavit before the SC that he owned neither any property nor any bank account outside Pakistan.

The SC rejected the affidavit that was later leaked to the media and summoned its staff for an explanation.

Also, the court expressed dissatisfaction over the affidavit moved on behalf of Mr Musharraf through his counsel Athar Shah.

According to the affidavit, the former military ruler owns an apartment in the United Arab Emirates worth AED5.4 million, Mercedes Car model 2015 worth AED230,000, Tahoe Jeep model 2017 worth AED150,000, Impala car model 2018 worth AED130,000. Likewise, retired Gen Musharraf maintains a bank account in the Union National Bank, Dubai, with a balance of AED92,100 and another account in the United Bank at London with a balance of 21,550 pounds as well as shares worth AED268,653 in Dana Gas.

The chief justice wondered whether retired Gen Musharraf could have bought the apartment in downtown Dubai even if he saved all his lifetime earnings. The apex court asked retired Gen Musharraf to declare the properties he owns in Pakistan. The details of gifts that he had received from the Kingdom of Saudi Arabia and the ownership of his farm house at the Chak Shahzad, Islamabad.

Senior counsel Farooq H. Naek argued that after the submission of another affidavit more petitions might come recalling that former president Zardari had already spent nine years in jail despite being acquitted of all charges. The counsel also highlighted the case that Mr Zardari faced at the Attock Fort for two years.

Justice Ijaz-ul-Ahsan, however, explained that the SC was not levelling allegations against anyone but his client was being asked to provide certain information regarding the past 10 years. This was the best opportunity to remove the stigma, Justice Ahsan observed, adding his client had to clarify how he had acquired properties in his name or dispose of the properties. He asked the counsel not to pre-empt or apprehend about outcome of the fresh affidavit that was yet to be filed.

The people of Pakistan were entitled to know about the public office-holder, Justice Ahsan observed, adding the court wanted honest disclosure.

The counsel however recalled that all the needed information had been furnished before the relevant courts in the assets case. He said he had cross-examined 40 different witnesses when Mr Zardari had been facing cases. He also regretted about lack of any compensation for the nine years that his client had spent behind bars.

But the chief justice retorted that such compensation should be through a clear certificate and complete vindication from the court of all the charges. Justice Umar Ata Bandial added that there were five appeals pending against Mr Zardari in different courts according to the National Accountability Bureau.

It would have been much better if the charges were cleared through adjudication, Justice Bandial observed.

ARY case

The same bench earlier issued a show-cause notice to TV host Arshad Sharif and ARY News channel for discussing Mr Zardari’s affidavit in a programme “Power Play” on Aug 28 when the matter was sub judice before the court.

When Mr Sharif along with information minister and PTI leader Fawad Chaudhry appeared before the court, the bench inquired how they could discuss cases being heard in the courts. The bench observed discussion or comments like such were prejudicial to the court proceedings and amounted to interference in the court matters.

The court recalled the National Accountability Bureau (NAB), too, had been refrained from intentionally or inadvertently defaming individuals subject to NAB inquiries.

Besides the TV host, the Attorney General, Pakistan Broadcasters Association and the Pakistan Electronic Media Regulatory Authority (Pemra) were also issued notices.

The bench directed Pemra to furnish footage of the TV show and adjourn further proceedings till Sept 12.

In a related development, Pemra issued a show-cause notice to ARY News and its host for discussing sub-judice matter and sought their explanation within seven days. In case of failure, the notice stated that Pemra will be entitled to initiate ex-parte proceedings against the channel, including suspension of the TV show, for 30 days.

In the light of the Supreme Court proceedings, Pemra issued a fresh advice to the licensees of all news and current affair satellite TV channels, prohibiting them from discussing on air any matter that is sub judice before the court.

Published in Dawn, August 30th, 2018