Pakistan

'Behind every great fortune there is a crime'

Written

2 years ago

Oct 08, 2021 01:18 AM

Imran Yaqub Khan

"Behind every great fortune there is a crime." The echo of this phrase is not very old in our political and judicial history. Justice Asif Saeed Khosa wrote this sentence in his dissenting note in the Panama case judgment of April 20, 2017.

Imran Yaqub Khan

American author Mario Pozzo begins his novel "Godfather" with the same sentence of French author Anne de Balzac. It was only after this reference in the dissenting note that political opponents started calling Nawaz Sharif a godfather and a Cecilian mafia. Prime Minister Imran Khan has been convinced from day one that corruption is the root of all ills in society. Money made dishonestly is sent out of the country through various means.

The elites involved in this process have businesses and properties abroad. In national and international forums, he has repeatedly said that money made through corruption must be stopped from flowing out of the country, and that corrupt people must be severely punished, and that western countries' developing countries must return. Stop money from coming to your countries. Undoubtedly, strict laws are the need of the hour to eradicate corruption.

Pakistan has an authoritative body, the National Accountability Bureau, which is engaged in rooting out corrupt people from head to toe. Justice (retd) Javed Iqbal, the head of the agency, will complete his term on October 8. The new chairman of the NAB is to be appointed in consultation with the Prime Minister and the Leader of the Opposition. So far no consultation has taken place and whether the consultation will take place in the future or not, the question mark remains.

The question of whether Chairman NAB will be replaced or Justice (retd) Javed Iqbal will remain in office remains. In the midst of all this, the government legal team was busy running and drafting an ordinance. One of the key points of this ordinance is that the existing clause of consultation between the Prime Minister and the Leader of the Opposition will remain in force. The name of Justice (retd) Javed Iqbal will also be considered for the new chairman NAB.

If there is no agreement, the matter will go to the parliamentary committee. If there is a deadlock in the talks, the current chairman will remain in office until the new chairman arrives. The Supreme Judicial Council will have to be approached to remove the NAB chairman. The clause not to extend the chairmanship of NAB will also be removed by the ordinance.

Whether it is accountability or revenge, the government has often expressed its good intentions in this regard. Through this ordinance, the highly capable and astute legal team of the government has brought some new aspects to the fore. Legally important in this ordinance is that the NAB courts will also have the power to grant bail to the accused before 90 days.

Additional Sessions Judges and former Judges will also be appointed in NAB courts. For the appointment of the Chairman NAB, the provision of consultation between the Prime Minister and the Leader of the Opposition was made so that the head of the accountability body would agree.

No one could point a finger at his character and neutrality. Justice (retd) Javed Iqbal also became the head of the accountability body through this consultative process. However, now the opposition often keeps pointing fingers at him. Forough Naseem, who belongs to the Muttahida Qaumi Movement, is currently the country's law minister. The preparation of this ordinance will undoubtedly involve his hard work, and he believes that the appointment of the new chairman of the NAB will be in consultation with the Prime Minister and Leader of the Opposition Shahbaz Sharif. Naseem, however, acknowledged that Shhebaz Sharif has yet to be contacted in this regard.

Babar Awan, Advisor to the Prime Minister on Parliamentary Affairs, also confirmed the existence of a consultation clause between the Prime Minister and the Leader of the Opposition in the NAB Amendment Ordinance. It is unknown at this time what he will do after leaving the post. On this action of the government, PML-N leader and former Prime Minister Shahid Khaqan Abbasi says, "Chairman NAB is being extended by breaking the law. The law says consult but the Prime Minister is refusing. The President is also against the ordinance." We are ready to sign."

The PPP has termed the extension of NAB chairman's tenure through an ordinance as unconstitutional and illegal. PPP Vice President and Senator Sherry Rehman raised the question that how can the current chairman work after his completion of term? If consulting the opposition is a conflict of interest, aren't there cases against ministers, including the prime minister? Sugar, flour, petrol, medicine, BRT, LNG, Ring Road, Billion Tree and helicopter scandals are against whom? Is the Prime Minister not protecting his own interests and the interests of his ministers?

The concerns and questions of PML-N and PPP are on the one hand, Federal Minister for Information and Broadcasting Fawad Chaudhry explained teh reason as why did not the premier and the opposition leader consult each other for the appointment. Talking to media, the minister said, "We will not consult Shahbaz Sharif about the NAB chairman. We will bring in an ordinance to remove the legal loophole so as to remove the alleged complexities in the law which has made it mandatory to consult the Leader of the Opposition on this issue,” he said.

In his briefing, Fawad further said: "The ordinance will clarify how the head of the anti-corruption watchdog will be appointed if the opposition leader is accused of corruption." Responding to Fawad Chaudhry's statement, PML-N spokesperson Maryam Aurangzeb said, "Consultation with the Leader of the Opposition on the appointment of NAB chairman is a constitutional requirement. With this decision, they are giving NRO to those who are flour, sugar, electricity, gas and medicine thieves.

It is clear from the heated rhetoric on this ordinance that the Prime Minister is not sitting in consultation with the Leader of the Opposition Shahbaz Sharif for the appointment of a new Chairman NAB. Shahbaz Sharif is currently facing only corruption charges, cases are pending, if anything is proved, he will definitely be found guilty. It would be fair not to talk to them after that. He is currently the representative of the opposition in the country. He should get his constitutional position.

In the Pandora Papers, offshore companies of close associates of the Prime Minister have come to light. The requirement of justice is not to sit with them till they are proved innocent. "Behind every big crime there's a crime," recalls the Panama case verdict, because now the Pandora's box has opened, and some of the culprits have been exposed. Let's see how does indiscriminate accountability take place?

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Imran Yaqub Khan

Imran Yaqub is senior journalist and analyst

Pakistan

CJP Isa expresses displeasure over fact-finding commission's report in Faizabad sit-in case

The top judge remarks that the commission isn’t even aware of its responsibility

Published

33 minutes ago

May 06, 2024 04:44 PM

Faisal Ali Ghumman

Islamabad: Chief Justice of Pakistan (CJP) Qazi Faez Isa Monday expressed his displeasure with the report submitted by an inquiry commission constituted to investigate the Tehreek-i-Labbaik Pakistan’s (TLP) 2017 Faizabad sit-in.

The chief justice remarked that had the decision on the Faizabad sit-in been implemented, the May 9 riots would not have happened.

The top judge further remarked that the commission wasn’t even aware of its responsibility. A three-member Supreme Court bench took up a set of review petitions filed against the SC’s 2019 judgement in the Faizabad sit-in case.

The bench headed by Justice Isa and comprising Justice Irfan Saadat Khan and Justice Naeem Akhtar Afghan presided over the hearing today, which was broadcast live on the Supreme Court website and YouTube channel.

At the outset of the hearing, the CJP inquired whether the Attorney General of Pakistan (AGP) had seen the report submitted by the Election Commission of Pakistan (ECP). The AGP replied in the negative.

The CJ then directed the AGP to review the ECP report and gave a break in the hearing. Justice Isa expressed his resentment over the report. The attorney general recalled that Gen (rtd) Faiz Hameed had told the commission that it was not the Inter-Services Intelligence’s (ISI) responsibility to look into the financial support of terrorists.

“If it’s not their responsibility then whose responsibility is it?” Justice Isa retorted. He questioned what kind of report the commission had made and inquired where the rest of its members were.

Pakistan

Naqvi says people want probe against him

Federal Interior Minister continued to say that the decision to import wheat is made by the federal government

Published

2 hours ago

May 06, 2024 03:10 PM

Noor Fatima

Lahore: Federal Interior Minister Mohsin Naqvi Monday said that people want an inquiry against him.

Addressing a news conference at the Federal Investigation Agency (FIA) Lahore office, he stated that in the month of April, there will be no over-billing in the Lahore Electricity Supply Company (LESCO). The rest of the discos have largely stopped overbilling, though that is their own internal matter.

Mohsin Naqvi added that FIA, especially Lahore Region has played a very good role regarding over-billing, relief of 310 million units was returned to consumers, which was fully supported by the Power Division and Prime Minister and this will continue in the future.

‘An arrest has been made from Sheikhupura, they were involved in a massive over-billing case, earlier two officers were arrested,’ he added.

Mohsin Naqvi said that it is forbidden to arrest the lower level staff, they are not guilty, if the officers put pressure on them, they do this kind of work.

In response to a question, he added that Punjab allocates a quota of its own that how much wheat they have to buy. The decision regarding wheat stock in the country is made by the federal government.

“People definitely want inquiry against me, but thank God that not even one percent I did anything wrong,” stated Mohsin.

He further said that even if something wrong happened, my team was good and my secretary would say that whatever happens, don't do it. I had a good team so they didn't let anything like that happen. Therefore, people will be disappointed regarding the inquiry against me, I have worked for a long time, if there is even a cent in it, I am ready for inquiry.

The minister continued that the facts of the matter must be brought out, the federal government also has no bad intentions, and if someone has done something at the lower level, that thing will also come out clearly.

The FIA cyber wing will continue to work, a new body is being formed, and there should be laws and a new body regarding fake news, there is nothing wrong in it, everybody will continue to do its work.

Federal Interior Minister continued to say that the decision to import wheat is made by the federal government. The Punjab government buys wheat from farmers, not from abroad.

The interior minister further said that the Punjab government had nothing to do with the issue of wheat. In my personal opinion, it was not malicious act.

Pakistan

Reserved seats: SC suspends PHC decision

Justice Mansoor Ali Shah remarked that how is it possible that someone's mandate is given to someone else

Published

4 hours ago

May 06, 2024 12:38 PM

Noor Fatima

Islamabad: The Supreme Court of Pakistan Monday suspended the decision of the Peshawar High Court (PHC) on the issue of reserved seats of the Sunni Ittehad Council.

According to the details, a three-member bench headed by Justice Mansoor Ali Shah and comprising Justice Muhammad Ali Mazhar and Justice Athar Minullah heard the appeal filed in the Supreme Court for the reserved seats of the SIC

At the beginning of the hearing, the federal government requested to constitute a larger bench.

On behalf of the federal government, Additional Attorney General Amir Rahman said that only a larger bench can hear the appeals, but the court rejected the objection on the bench.

Female assembly members also objected bench

The objection on the bench was also raised by the female members of the assembly nominated for reserved seats.

The lawyer women MNAs told the court that this is a case of interpretation of Article 51 of the Constitution, the case can be heard by a five-member bench under the Practice and Procedure Act.

Justice Mansoor Ali Shah remarked that while the present case was being heard in appeal under Article 185 of the Constitution, the present case was not filed under Article 184/3.

Justice Mansoor also stated: “Now a decision has to be taken on the admissibility of the appeals, once the admissibility is decided then the larger bench will also look into the matter”.

Arguments of Advocate Faisal Siddiqui

Along with this, advocate Faisal Siddiqui, the lawyer of the SIC, started the arguments and said that Pakistan Tehreek-e-Insaf’s (PTI) independent winning MNA’s joined the SIC, upon which Justice Mansoor Ali Shah inquired if seven candidates are still part of the National Assembly in independent status.

Justice Athar Manullah asked whether PTI is a registered political party.

Lawyer Faisal Siddiqui took the position that PTI is a registered political party, on which Justice Mansoor remarked that it is a registered political party only it did not participate in the election.

Justice Muhammad Ali Mazhar inquired that in how many days, independent members have to join a party. On which lawyer Faisal replied that independent members of the National Assembly have to join a political party within three days.

Justice Athar Minullah inquired that if a political party does not have an election symbol, will its candidates lose the right to represent?

Faisal Siddiqui told the court that a political party can become a parliamentary party by participating in the elections, otherwise a party may not participate in the elections and the members who won as independent join the party.

Justice Mansoor Ali Shah asked that under what formula is the distribution of reserved seats among political parties take place? Will the political party take reserved seats according to the number of seats won or can it take more?

Faisal Siddiqui said that no political party can take reserved seats more than its proportion.

Protect of public mandate

During the hearing, Justice Athar Minullah said that a political party can get reserved seats in proportion to the number of seats won.

Justice Mansoor Ali Shah stated that where it is written in the law that the remaining seats will be distributed among the same political parties, we have to protect the public mandate, as it is the real problem.

Justice Athar Minullah inquired where it is written in the law that a political party cannot contest an election if it does not receive an election symbol.

Lawyer Salman Akram Raja said: “I had gone to the court with this question before the election,” on which Justice Athar replied that it is certain that the number of seats represented by the party will get reserved seats.

Justice Mansoor Ali Shah remarked that how is it possible that someone's mandate is given to someone else?

Justice Athar Manullah added that it happened for the first time that a major political party was deprived of the electoral symbol.

Later, the Supreme Court summoned the Election Commission of Pakistan (ECP) officials immediately along with the records and adjourned the hearing of the case till 11:30am.

When the hearing resumed after a break, the Supreme Court of Pakistan suspended the decision of the Peshawar High Court.