Panama Judgement Points of Honorable Justice Ijaz Ul Ahsan

MR. JUSTICE IJAZ UL AHSAN:

89. Regrettably, most material questions have remained unanswered or answered insufficiently by Respondent No.1 and his children. I am also constrained to hold that I am not satisfied with the explanation offered by Respondent No.1 (Mian Muhammad Nawaz Sharif, the Prime Minister of Pakistan) and his children regarding the mode and manner in which the said properties came in their possession and what were the sources of funds utilized for acquisition ofthe same. Further, the source(s) of funding for Azizia Steel Mills and Hill Metals Establishment in Saudi Arabia, Flagship Investments Limited and a number of other companies setup/taken over by Respondent No.8 also need to be established. In addition to the affairs of Capital FZE, Dubai which also appears to be owned by Respondent No.7 need an inquiry. The aforesaid investigation and inquiry under normal circumstances should have been conducted by NAB. However, it has become quite obvious to us during these proceedings, Chairman NAB is too partial and partisan to be solely entrusted with such an important and sensitive investigation involving the Prime Minister of Pakistan and his family. Further owing to the nature and scope of investigation a broader pool of investigative expertise is required which may not be available with NAB.

90. In the afore-noted circumstances, I would order as follows:-

i) A Joint Investigation Team (JIT) shall be constituted, which shall investigate the matter, collect all relevant record and material in order to determine and establish the real title and ownership of the Mayfair Properties, the source(s) of funds utilized for purchase of the said properties and the mode, manner and time when such funds were transmitted to the United Kingdom for purchase of the Mayfair Properties;

ii) Likewise, the JIT shall also collect evidence to determine the source(s) of funds for establishing Hill Metals Establishment in Saudi Arabia as well as the mode, manner and source(s) of funding for Flagship Investments Limited and all other companies owned and controlled by Respondent No.8 from time to time;

iii) Evidence shall also be collected by the JIT regarding source(s) of funding of Capital FZE,Dubai; its business activities and role in transfer of funds to different entities owned or controlled by Respondents No.7 & 8;

iv) The JIT is also directed to investigate and find out if Respondent No.1 (Mian MuhammadNawaz Sharif, the Prime Minister of Pakistan)directly or indirectly or through benamidars or authorized agents owns any other properties/assets/financial resources of any nature including but not limited to shares through offshore companies/bank accounts,which have not been disclosed to the concerned authorities.

v) The JIT shall consist of the following members:-

a) A senior Officer of the Federal Investigation Agency (FIA) not below the rank of Additional Director General heading the Team. He shall have firsthand experience of investigation of white collar crime and related matters;

b) A representative of the National Accountability Bureau (NAB);

c) A nominee of the Securities and Exchange Commission of Pakistan familiar with issues of money laundering and white collar crime;

d) A nominee of the State Bank of Pakistan familiar with international banking transactions involving money laundering and matters relevant to the investigation;

e) A senior Officer nominated by the Director General, ISI; and

f) A senior Officer appointed by the Director General, MI.

vi) Heads of the aforesaid Departments/Agencies/ Institutions shall communicate the names of their nominees within seven (07)days hereof which shall be placed before the Special Bench for perusal/approval.

vii) Respondents No.1, 7 & 8 are directed to associate and render full cooperation to the JIT, provide any and all record(s),document(s) and material(s) sought by it and appear before the JIT, if and when required.

viii) The JIT may also examine the evidence and material available with the FIA and NAB, if any, relating to or having any nexus with the possession or acquisition of the Mayfair Properties and the source(s) of funding for the same.

ix) The JIT shall submit its periodical report(s)before the Special Bench of this Court every fortnight. The JIT shall complete and submit its final report before such Bench within a period of sixty (60) days from the date of receipt of a copy of this judgment.

x) I would request the Honorable Chief Justice of Pakistan to constitute a Special Bench to ensure implementation of this judgment in letter and spirit.

91. On receipt of report of the JIT, the Bench shall pass appropriate orders in exercise of powers under Article 184(3)read with Articles 187 & 190 of the Constitution relating to disqualification of Mian Muhammad Nawaz Sharif, the PrimeMinister of Pakistan, Respondent No.1 as a member of Majlis-eConstitutionShoora (Parliament), if necessary. In this regard, it may, if considered necessary or expedient, summon Respondents No.1 (Mian Muhammad Nawaz Sharif), 7 (Hussain Nawaz) and8 (Hassan Nawaz) or any of the said Respondents and another person having any direct or indirect connection with or having knowledge about the matters relevant to these proceedings, to appear before it for being examined. Further,if so justified by law and on the basis of material placed before the Bench, orders may also be passed for filing of a Reference before the Accountability Court against Respondent No.1, the private Respondents and any other person having nexus with the offense.

92. During hearings of these matters and while examining the various pleas raised by the parties and the documents and other material placed before us, I have found it imperative to pass orders and take steps to ensure that the true facts should come before the people of Pakistan who have a fundamental right to be governed in accordance with law, by those who fulfill the requirements of the Constitution and the law and whose financial dealings, earnings and expenditures are open to public scrutiny to show that they meet the test of honesty, integrity, financial probity and bonafide dealings. It is high time that standards were set and systems were put in place to develop a culture of accountability at all levels in order to cleanse our system and institutions from the evils of corruption, money laundering, loot and plunder of national resources by a few, irrespective of their rank or status in the system.

93. As a Nation, we need to heed the words of the great poet and philosopher Dr. Allama Muhammad Iqbal, if we aspire to reach our true potential and hold our heads high amongst the comity of Nations:-

94. Before parting with this judgment, I would acknowledge and appreciate Syed Naeem Bukhari, learned ASC; Mr. Taufiq Asif, learned ASC; Sh. Rashid Ahmed, petitioner in person; Mr. Makhdoom Ali Khan, learned ASC for Respondent No.1; Mr. Shahid Hamid, learned Sr.ASC for Respondents No.6, 9 & 10; Mr. Ashtar Ausaf Ali, learned Attorney General for Pakistan; Mr. Muhammad Waqar Rana,ASC; and Mr. Waqas Qadeer Dar, Prosecutor General, NAB and their respective teams for rendering valuable assistance in the matter.

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