ISLAMABAD: Even as a bevy of politicians flocked to the hearing of the Panama Papers case, the Supreme Court made it clear on Thursday that it would not enter into any political wrangling. In the same breath, however, the court also said that it would have no option but to intervene if the executive failed to protect citizens’ fundamental rights.

“Let it be clear to all that we will never ever enter the political arena, but in case of a failure of the executive to maintain and protect the fundamental rights of citizens, then of course we will intervene,” Chief Justice Anwar Zaheer Jamali obser­ved when concerns were raised by some petitioners regarding the Pakistan Tehreek-i-Insaf’s planned lockdown of Islamabad on Nov 2.

The three-judge Supreme Court bench had taken up a set of five petitions seeking the disqualification of Prime Minister Nawaz Sharif and members of his family for allegedly making investments in offshore companies.

Imran happy with apex court proceedings, says ‘siege’ of Islamabad to go ahead as planned

But instead of detailed arguments, the Supreme Court preferred to briefly hear the petitioners, either in person or through their counsel, and issued notices to the respondents named by the petitioners, as well as to Attorney General Aushtar Ausaf Ali.

However, the court has not directed the federal government or other respondents to come up with concise statements or rejoinders to the petitions when the hearing resumes again within a fortnight.

Prime Minister Nawaz Sharif, his daughter Maryam, sons Hassan and Hussain, son-in-law retired Capt Mohammad Safdar and Finance Minister Ishaq Dar are among the respondents named by the PTI in its petition.

During Thursday’s hearing, Courtroom No 1 was filled to capacity with big shots from all parties: on one side, the front row was occupied by Imran Khan, Jahangir Tareen, Shah Mehmood Qureshi, party spokesperson Naeemul Haq and Sheikh Rashid Ahmed; the other corner was occupied by Defence Minister Khawaja Mohammad Asif, Railways Minister Khawaja Saad Rafique, Privatisation Commission Chairman Mohammad Zubair, Barrister Zafarullah Khan, Talal Chaudhry and Daniyal Aziz. Jamaat-i-Islami (JI) chief Sirajul Haq was also in attendance.

Following the hearing, representatives of each political party appeared before a battery of cameras from various television channels to express their opinions about the day’s succinct court proceedings.

Imran Khan announced that the PTI’s protest march would continue, even after the commencement of proceedings on the Panamagate case. He regretted that the ruling party was weakening institutions, adding that a true and honest leader who really wanted to serve his nation never indulged in corruption.

Mr Khan was happy that the Supreme Court had issued notices to the prime minister, while Sheikh Rashid said time had come to get rid of the prime minister. JI emir Sirajul Haq expressed the hope that the apex court would not disappoint them.

On the other hand, the government side told Dawn that they would oppose all the petitions over the question of maintainability.

Both Khawaja Asif and Saad Rafique assured the media that the prime minister had already surrendered himself for accountability before the people and would also submit before the top court. “We are confident that the prime minister will emerge victorious, even if he has to appear in the court of public opinion,” the defence minister said.

Earlier, the court dismissed the petition filed by Barrister Zafarullah Khan of the Watan Party on the grounds that the contentions raised in the petitions were premature. The petitioner had opposed the idea of the appointing any judicial commission and wanted parliament to form a committee or a panel to sort out Panamagate.

But when the petitioner accused PTI leaders of threatening the people of Pakistan as well as the judiciary through their Nov 2 ‘shutdown’ of the capital, Justice Khilji Arif Hussain observed that nobody could threaten the judiciary because it knew its authority.

The chief justice also recalled that the apex court had already declined the federal government’s request to form the judicial commission.

Referring to Advocate Tariq Asad, who had moved two petitions — one seeking the appointment of a high-level judicial commission and another to issue a restraining order against the PTI’s planned ‘siege’, the Supreme Court said it was directing the court office to register both petitions.

PTI’s senior counsel Hamid Khan told the court about a widespread sense of resentment against the prime minister following the disclosure of the Panama Papers, adding that people were calling for his resignation.

On a court query, he said his party was seeking an inquiry similar to what had been done in the Haj and Pakistan Steel Mills scandals.

But the court said that it was inclined to issue notices to the respondents and the AG. Similar directions were issued on Sheikh Rashid’s petition as well.

Published in Dawn, October 21st, 2016