- Justice (retd) Ejaz was one among judges in Panama Papers case.
- He says he is as soon as been approached by senior army official.
- He is satisfied that Nawaz Sharif must be disqualified.
ISLAMABAD: Whereas confirming that the Joint Investigation Crew (JIT) members within the Panama Papers case had been chosen by the Supreme Court docket judges, Justice (retd) Ejaz Afzal Khan defended his verdict to disqualify former prime minister Nawaz Sharif.
He mentioned that as a way to keep away from any intervention from the Pakistan Muslim League-Nawaz (PML-N) governemnt, a WhatsApp name was made and army personnel had been included within the inquiry.
One of many 5 judges on the Panama Papers bench, Justice (retd) Ejaz, for the primary time mentioned his ruling within the case, the institution of the JIT, and the collection of its members. As well as, he talked concerning the case’s deserves and provided his opinions on present judicial disaster confronted by the nation.
Ejaz has by no means talked to media since he retired in Could 2018, however he has now lastly mentioned the Panama Papers case for the primary time. He was one of many 5 judges within the Panama Papers reference who demanded a complete inquiry by a JIT.
The previous senior decide was satisfied that Nawaz must be disqualified for neglecting to disclose the wage that was due from his son, based mostly on the JIT’s conclusions.
This correspondent had an in-depth dialogue with the retired decide. The decide was requested if it was true that the members of the JIT within the Panama Papers case had been chosen through a WhatsApp dialog, as claimed by media stories. He was additionally requested if the decision was made by Justice (retd) Azmat Saeed Sheikh or another person and if some heads of establishments had been directed to ship particular names.
The retired decide elaborated the process whereas acknowledging {that a} WhatsApp name was made. He clarified that the Supreme Court docket judges thought the then-government’s prompt nominees for the JIT had been “approachable,” which might compromise the inquiry. Ejaz clarified that they solely requested for an inventory of officers with the best integrity to ensure impartiality, including, “We did not ask for any particular names.”
He mentioned that Justice (retd) Azmat had directed the Supreme Court docket Registrar to request for dependable senior officers from departments relatively than making the decision himself. Considerations concerning authorities affect had been introduced up by Ejaz, who famous that authorities such because the SECP chairman had shut relations to Nawaz and questioned their impartiality in such a fragile investigation.
Ejaz was questioned about appointment of Inter-Companies Intelligence (ISI) officers for the JIT’s safety in addition to two army officers’ inclusion as JIT members. He was requested concerning the story of journalist Ahmad Noorani, who contacted Ejaz to ask for his ideas. Noorani later obtained a discover concerning contempt of courtroom for that.
To this, Justice Ejaz confirmed Noorani had contacted him. “He requested me about this, and I simply informed him we converse by our judgments,” Justice Khan mentioned, including that his assertion on the problem was additionally aired by Shahzeb Khanzada in his present.
Relating to the collection of army officers for the JIT, he defined, “We selected army officers as a result of these from different businesses had been approachable. We needed a good investigation.” When requested if these army officers had been a part of the Daybreak Leaks JIT, he responded he didn’t know however famous that the Sharif household might have filed a grievance if they’d considerations about this difficulty.
When requested if any army basic had ever contacted him in the course of the Panama Papers case, Ejaz mentioned, “I’ve by no means been approached by any army basic, besides as soon as.” He then recalled an incident from his time as Chief Justice of the Peshawar Excessive Court docket.
Ejaz shared {that a} brigadier had known as him, saying the Corps Commander Peshawar needed to fulfill him. “I informed him I might be in my chamber till 11 pm,” the retired decide recalled.
“Half an hour later, he known as once more and requested, ‘Can’t you stroll right down to the flagstaff home?’ I informed him this isn’t a stroll down, it’s a stroll up, and I’m not accustomed to strolling up.” Quickly after, he obtained one other name informing him that the Corps Commander would go to his chamber by 8pm.
Through the assembly, Justice Ejaz defined, they mentioned routine issues till the Corps Commander modified his tone. “He mentioned, ‘Mr Justice, do you assume your rule of legislation will change the nation? We arrest folks, and also you allow them to go.”
Ejaz responded firmly, saying: “So long as I’m right here, I’ll observe the legislation and go by the e-book. I’ll by no means convict anybody with out proof. You probably have the facility to alter that, achieve this.” The final replied that he knew Ejaz effectively however couldn’t neglect previous incidents of terrorism. Ejaz informed him he sympathised however wouldn’t convict anybody except confirmed responsible. “This was my solely encounter with any basic,” he concluded.
When requested if the judges within the Panama Papers case summoned then-NAB chairman Qamar Zaman Chaudhry to file an enchantment in opposition to the excessive courtroom’s choice within the Hudaibiya case, he confirmed that in the course of the Panama Papers case, the judges had Chaudhry concerning the Hudaibiya Paper Mills case. “I informed him it was a stable investigation, however it had been quashed by the excessive courtroom in the course of the investigation stage, which legally shouldn’t occur,” he defined.
He mentioned that he requested Chaudhry if he deliberate to enchantment the excessive courtroom’s choice, however Chaudhry declined. Later, when Justice (retd) Javed Iqbal was appointed as NAB chairman, he filed the enchantment within the Supreme Court docket, the place it was assigned to Justice (retd) Qazi Faez Isa. Nevertheless, Justice Isa dismissed the enchantment attributable to limitation.
Ejaz remarked that the enchantment had sturdy grounds for condonation of delay, noting that Chaudhry, appointed by the Sharifs, would have been unlikely to file an enchantment in opposition to them. Justice Iqbal, the brand new chairman, filed it with condonation of delay as a foundation, which Ejaz felt was legitimate, however Justice Isa nonetheless dismissed it.
When requested if it was legally proper for the Panama bench to nominate Justice Ijaz ul Ahsan as a monitoring decide, Ejaz defined that monitoring judges are sometimes appointed in lots of circumstances, together with terrorism circumstances.
Nevertheless, when this correspondent identified that monitoring judges in decrease courts are appointed by the Excessive Court docket, not the Supreme Court docket, he clarified that the Supreme Court docket can even give directions to make sure circumstances are determined in a well timed method. Justice Khan mentioned he didn’t know if Justice Ijaz ul Ahsan had any private points with the Sharifs however added that objections ought to have been raised if there have been any.
About Nawaz’s acquittal within the Panama Papers case, Ejaz believes the case in opposition to the PML-N supremo was not a case for acquittal. It was prosecuted very badly, he added.
When requested concerning the disqualification of Nawaz for not declaring the wage from his son, which he by no means obtained, Ejaz defined that he had detailed the matter in his judgment.
He identified that issues come up when folks remark with out studying the judgment. In response to Ejaz, Nawaz Sharif obtained an Iqama and signed an settlement that entitled him to a wage of 10,000 dirhams per thirty days after being elected chairman of his son’s firm’s board of governors in 2006.
Justice Ejaz said that their authorized staff was requested concerning the Iqama, the employment settlement, and the wage particulars. He famous that Nawaz’s authorized staff, led by Khawaja Haris, confirmed the existence of those paperwork.
Importantly, he defined that the wage was not solely accrued but additionally accrued over time. When the courtroom inquired concerning the present standing of the wage, the authorized staff replied that in January 2013, Nawaz’s son knowledgeable his father of his intention to shut the corporate. Nawaz then said that your entire wage quantity, which had reached roughly Rs30 million by that point, would belong to his son.
Ejaz additional highlighted that the Illustration of Folks’s Act, Part 12 (2), requires people to declare their property as they stood till June 30 of the previous yr.
Thus, Nawaz was obligated to declare his property, together with the receivable wage, which had accrued till June 30, 2012. Because the wage was each accrued and accrued and was not disclosed, Ejaz famous that if it had been said that the wage was transferred to the son in January 2012, it could not have been thought of a part of Nawaz Sharif’s property.
In regards to the present judicial disaster and the threats to the independence of judiciary, Ejaz commented, “Independence of judiciary can’t be assured by constitutional provision. It can’t be even infused by your judgments too in case you as a decide should not unbiased. You’ll be able to’t be influenced by anybody.”