KHUDAYAR MOHLA

ISLAMABAD: The Supreme Court observed in Panamagate case on Tuesday that facts were not disclosed in the beginning of the adjudication and information is being furnished in different pieces before the court in the current matter.

Resuming the hearing of the case, Justice Asif Saeed Khan Khosa heading a five-member larger bench observed there may be a possibility that Sharif family’s investment in Qatari Royal family’s real estate business became source to purchase Mayfair properties in London in 1993.

Appearing before the larger bench, the counsel for the Premier’s sons Salman Akram Raja apprised the court that one of his clients Hussain Nawaz obtained degree of barrister at law form Lincoln’s Inn in 1993 whereas Hassan Nawaz graduated from London School of Economics in 1999.

Responding to Justice Ejaz Afzal Khan’s query about AED15 million liability against Dubai Steel Mills, Raja submitted that there is no explanation to this regard, saying sale proceeds of AED12 million of Dubai Steel Mills are not in question.

Salman Akram Raja said it may be possible that during the period of 1978-1980 the liability was paid to which Justice Ejaz Afzal asked as to why Tariq Shafi (a cousin of Nawaz Sharif) has not disclosed about payment of the liability.

However, Raja submitted that business affairs had been overseen by late Mian Sharif who could have informed the court about payment of millions of dirham liability, saying Tariq Shafi was mere a representative of the entrepreneurship.

Salman Akram Raja further informed the court that late Mian Sharif had been looking after his mega businesses, saying he was running as many as six businesses in Pakistan, adding that details of all the businesses would be submitted before the bench.

He apprised the bench that on the desire of late Mian Sharif, his grandson Hussain Nawaz repurchased the machinery of Dubai Steel Mills during the year of 2001 which was installed in the plant of Alaziza Steel Mills near Makkah, Saudi Arabia.

To which, Justice Asif Saeed Khan Khosa observed as to why the court has not been informed about this fact whereas Justice Ejaz Afzal Khan remarked nothing has been mentioned about businesses in Dubai and Qatar in the Premier’s speech.

Justice Ijazul Ahsan observed that with the pace of adjudication in the current matter, related information is being produced in patches, saying Qatari Royal family’s letter emerged on November 05, 2016. He added if the Prime Minster was well aware of the letter then what stopped him from disclosing about the document in his speech.

Raja replied that after seeking permission from the Qatari Royal family, the letter was disclosed due to sensitivity of the relations, to which Justice Ijazul Ahsan again asked as to why Prime Minister Nawaz Sharif did not disclose about investment in Qatar.

Raja argued that apex court is just examining documents and is not holding trial in the current matter, saying if the court intends to hold trial then it should continue to do so.

Responding to the court’s query whether Hussain Nawaz was not in picture about investment in Qatar and Royal family’s deal to purchase Mayfair properties in London, Raja submitted that his client was aware of it but remained silent under the thought that dealing of the properties was private matter of the Royal family.

Justice Asif Saeed Khan observed that truth was not told in the start of the adjudication of the current matter, saying with the passage of time information is being furnished in different parts before the court.

Justice Ejaz Afzal Khan remarked that intentionally or intentionally the Prime Minister missed the fact of business investments in Qatar during his speech whereas Justice Ijazul Ahsan observed that investment in Qatar is an important question of fact in the current case, saying information about which has not been mentioned in the Premier’s speech.

Terming the matter in hand of different type in nature Justice Ejaz Afzal Khan observed that documents are before the court but question arises if it would be possible to examine the evidence without presence of author of the documents.

Justice Gulzar Ahmad asked Raja from how long Sharif family has been using the Mayfair properties. Raja replied that Sharif family has been using the Mayfair properties since 1993 when Hussain Nawaz was studying in London, adding that Qatari Royal family rented out the flats to Sharif family due to cordial relationship and Hussain Nawaz used to live in the flats for 13 years whereas rent had been paid.

Salman Akram Raja argued that depending on the then Director of the Federal Investigation Agency Rehman Malik’s report, a director of Al-Towfeek Investment Fund Shezi Naqvi urged the London High Court to attach the London flats for recovery of the money.

He added that no evidence is available on the record through which it can be proved that Sharif family was owner of the London flats, saying London High court issued the notice in the matter without going into inquiry.

Raja submitted that loan was obtained from the Al-Towfeek Investment Fund against mortgage of Hudabiya Paper Mills, saying at the time of paying the liability of eight million dollars to the Fund his client Hussain Nawaz was behind the bars in Pakistan to which Justice Azmat Saeed Sheikh observed it seems that Sharif family had not paid amount to Al-Towfeek Investment Fund.

Salman Akram Raja further pleaded that there are so many precedents of the apex court that only concerned departments can probe into a matter.

Justice Asif Saeed Khan Khosa observed that there is no room in the election laws to probe the matter in hand whereas FIA and NAB have shown inability to probe into the Panamagate. Justice Khosa categorically observed that after consent of all the parties of the case over the maintainability, the apex court is hearing the matter.

Raja contended the apex court should issue directives to the concerned departments to fulfill their duties instead of taking their business into its own hands, to which Justice Asif Saeed Khan Khosa observed the matter in hand is about the Prime Minister, saying it is also fact that every head of the department is appointed by the Prime Minister.

Raja submitted that under the law neither has the apex court jurisdiction to award punishment in public interest litigation nor can it keep itself aside after making a case controversial.

Earlier, submitting the record of executive board meeting in pursuance of the court’s earlier directives, Prosecutor General National Accountability Bureau (NAB) said that the board decided not to file appeals after reviewing a number of cases.

Justice Ejaz Afzal Khan surprisingly observed that decision to avoid filing appeal against the decision of referee judge of Lahore High Court in Hudaibiya Paper Mills reference is an important matter whereas Justice Asif Saeed Khan Khosa said that NAB’s detailed point of view would be heard when its turn will come.