Chief Justice of Pakistan Mr. Justice Anwar Zaheer Jamali refused the Government’s request to form a commission to investigate the Panama leaks on TORs
B.Asghar Ali Mubarak
ISLAMABAD-The Chief Justice of Pakistan Mr. Justice Anwar Zaheer Jamali has refused the federal government’s request to form a judicial commission to investigate the Panama leaks, saying it will take years to complete its proceedings with the provided Terms of Reference.
In a written response to a letter by the federal government on Friday, the chief justice raised a set of objections to the notification from the federal government.
The chief justice pointed out that the formation of a commission under the Pakistan Commission of Inquiry Act, 1956 would only “result in the constitution of a toothless commission, which will serve no useful purpose, except giving bad name to it”.
According to the written response by the Chief Justice of Pakistan Mr. Justice Anwar Zaheer Jamali points out that the terms of reference “are so wide and open ended that, prima facie, it may take years together for the commission to conclude its proceedings”. The letter states, “The terms of reference incorporated in the attached Notification are wide and open ended that, prima facie, it may take years together for the Commission to conclude its proceedings. Therefore, before, forming any opinion as to the formation of requisite Commission of the inquiry or otherwise, it is necessary to have a list of all individuals, families, groups, companies, etc, with their total number, along with some relevant particulars, against whom purported inquiry proceedings are to be held under paragraph No.1 (a) and (b) of the terms of reference.”
“Formation of Commission of Inquiry under the Pakistan Commission of Inquiry Act 1956 (Act VI of 1956), looking to its limited scope, will result in the constitution of a toothless Commission, which will serve no useful purpose, except giving bad name to it,” the letter says.
“Unless such information and particulars are provided and the issue of formation of Commission under some proper legislation is reconsidered and resolved, no final response to your letter can be furnished,” he added in is reply.
Prime Minister Nawaz Sharif had written a letter to the chief justice last month seeking the formation of the judicial commission to probe the issue of Panama Papers.
The letter states, “The terms of reference incorporated in the attached Notification are wide and open ended that, prima facie, it may take years together for the Commission to conclude its proceedings. Therefore, before, forming any opinion as to the formation of requisite Commission of the inquiry or otherwise, it is necessary to have a list of all individuals, families, groups, companies, etc, with their total number, along with some relevant particulars, against whom purported inquiry proceedings are to be held under paragraph No.1 (a) and (b) of the terms of reference.”
“Formation of Commission of Inquiry under the Pakistan Commission of Inquiry Act 1956 (Act VI of 1956), looking to its limited scope, will result in the constitution of a toothless Commission, which will serve no useful purpose, except giving bad name to it,” the letter says.
The Pakistan Muslim League – Nawaz (PML-N) government has been facing immense pressure from opposition parties since the massive leak of tax data from Panamanian Law firm Mosack Fonseca.
Although the name of prime minister of Pakistan is not mentioned in the leaked data revealed offshore business interests of several world leaders, their friends and members of their families but the names of prime minister’s two sons Hassan and Hussein also appeared in the data, stirring up a political storm in Pakistan.
