Saturday, November 23, 2024

From the Editorial Desk (July-2017)

With the Joint Investigation Team (JIT) report relating to the Panama Papers now available in the public domain, the suspense of the last few weeks is over. The report is extremely thorough, lucid and pointing in its findings, maintaining that none of the respondents were entirely truthful while responding to the 13 primary questions that formed the basis of the enquiry, many answers were ex posed as lies. Maryum Nawaz’s Calibri font fiasco was almost comic had the issue not been so serious, some people, probably PML (N) supporters rushing to Wikipedia’s Calibri page trying to edit the information about the commercial launch of this font from 2007 to 2003. With over three dozen revisions in less than 24 hours the Wikipedia administration locked the public editing option saying, “This article is currently protected from editing until July 18, 2017 or until editing disputes have been resolved.” A quartet of senior ministers and a legal expert held a press conference on the afternoon the report was made public and denounced the JIT findings, this is nothing short of contempt. The PML (N) led govt has refused to accept the JIT findings and has decided to challenge it both on legal and political fronts, this could prove to be a costly blunder. It is now for the Supreme Court to decide whether there is sufficient evidence to dis­ qualify the PM and refer all respondents to the National Accountability Bureau (NAB). For the benefit of readers I am reproducing my article titled “FOR WHOM THE BELL TOLLS”.

Monday July 10, 2017 will go down as a day of some consequence for accountability in Pakistan’s history, and maybe its destiny. The Joint Investigation Team (JIT) probing the PanamaGate case observed “significant gap/ disparity amongst the known and declared sources of income and the wealth accumulated”. Levelling concrete accusations of tampering with documents, forgery, lying under oath and attempting to conceal records, the JIT highlighted “the irregular movement of huge amounts in shape of loans and gifts” from UK and Pakistan based companies owned by the PM and his family. How were these loss-making business entities able to purchase such extremely expensive properties?

Recommending a “Reference” against Mian Nawaz Sharif, his sons Hussain, Hassan and daughter Maryam Nawaz to the National Accountability Bureau (NAB), among its damning key conclusions the JIT dubbed the much touted Qatari letter as ‘myth, not a reality’. An offshore company, FZE Capital (of which Mian Nawaz Sharif was Chairman till 2014), was unearthed in the UAE. The JIT report indicted the PM for enjoying pecuniary benefits other than dividends from his businesses in the shape of unexplained inflows to his personal bank accounts on a regular basis. The PM was also charged with misreporting his wealth statement. The process of money laundering did not start in Aug 1992 as reported by FIA and NAB investigation but started actually in Sept 1991. US$ 2.23 million were deposited in two accounts, one in the name of NBP President Saeed Ahmad, to hide its source this was later transferred into the accounts of Musa Ghani and Talat Masud Qazi in the shape of Dollar Bearer Certificates. The SC instructed FIA to lodge a case against Chairman SECP Zafar Hijazi for tampering with document’s. The opening of a Pandora’s Box for the PM and his family in the Panama Gate case because of “money-laundering” is not confined to Pakistan. The Sharif family will likely face criminal indictment under UK, UAE and Saudi Arabia laws and forced to declare their other assets hitherto kept hidden.

PML (N) stalwarts celebrating the SC April 20 order as a victory displayed warped logic. Two senior judges opted to disqualify the PM for not being honest and trustworthy (Sadiq and Ameen). Without disagreeing with the extreme denouement of the PM by their two senior colleagues, the majority three judges did not give the PM a clean chit, to be sure they wanted a “smoking gun”, a more detailed scrutiny by a JIT. Failing to get some of their men included in the JIT being formed, PML (N) bigwigs tried to make the JIT as controversial as possible. Using unacceptable language PML (N) Parliamentarians went overboard making open threats, blatantly using State machinery, including PTV, to propagate hatred and controversy against JIT and by extension, the SC. The “Press Information Division” (PIO) platform was used to reject the JIT Report as ‘worthless trash’, their misinformation and propaganda failed to bring their supporters spontaneously into the streets. Vowing to foil ‘conspiracies’ being hatched Barrister Zafarullah Khan labelled the JIT report as ‘a political statement which reads like an “lmran-Nama”. Spreading venom and falsehood against the superior judiciary is perilous for the State. Under such latitude anything might happen, civil war-like conditions are being deliberately created to sow chaos. On such grounds alone the SC can well disqualify the PM and many of his PML (N) col­ leagues for obstructing justice and defamation.

Sufficient evidence exists about (1) the PM and family misstating facts, hiding assets and lying to the people under oath and (2) attempting to frustrate every investigation, every order and every legal act, using any and all means, including money to influence. For this PML (N) govt to continue they must elect a new leader.

Perceived to be the heir apparent, Jugnu Mohsin’s star pupil Maryum Nawaz launched her political career with a tremendous performance (was she being prompted through on earpiece?), post her interrogation by JIT on July 5. The JIT disclosed that the Calibri font not being available for public use at that time, the documents she submitted for being a “trustee” and not a “beneficial owner” were forged. This criminal offence aside, the JIT further accused her of accumulating “assets disproportionate JIT and beyond means of known sources of income” disclosing “she had been receiving heavy gifts from Rs 73.5 million to Rs 830.73 million within period of 2009- 2016”. Her political career may seem in doubt, Jugnu and Maryum should not lose hope. As he himself accepts, if Asif Zardari can become President anything can happen in Pakistan. Those in the media who spread disinformation must be taken to task. A particularly despicable “Mr. know-it-all” penned a lengthy blatant falsehood and then later propagated it shamelessly on several TV channels. Is his apology to escape punishment enough? Who will be held accountable for allowing the disseminating of false information meant to deliberately defame and mislead? Give Gen Bajwa credit for keeping his (and his command) cool in the face of grave provocation about “conspiracies” and enemy inspired DawnLeaks.

The PML (N) behaviour has shown that rule of low has no meaning for them. The Sharif Camp’s poten­tial to cause political mischief could irretrievably damage the fabric of Pakistan. The rhetoric emanat­ing from the Sharif camp is obnoxious, it is meant to foment civil strife and could even start a civil war as is happening in many countries. What do the likes of the Sharif’s or the Zardari’s core? Their assets abroad are multiple times more than what they own (or at least declare) in Pakistan! Staying with the Constitution, civilian authority hos to take draconian measures not only to preserve the life, liberty and well- being of the common citizen but to preserve democracy. One of the great democrats of his time, US President Abraham Lincoln declared martial law in 1861 to preserve the Union.

This is an acid test of justice, can this notion afford vacillation when the damning facts have been counter checked and confirmed many times over? Will the ends of justice be met by delaying punishing those guilty, however rich and powerful? Having been economical with the truth, the PM has a problem exercising his moral authority and/ or credibility to govern. Instead of facing further humiliation in the courts, the best option for Mian Nawaz Sharif (and Pakistan) is for him to step down. His associates and colleagues threatening the SC are not doing him any favour, after all it is the SC which will definitively write the final Chapter “for whom the bell tolls”.

Ikram Sehgal
The writer is a defence and security analyst, he is Co-Chairman Pathfinder Group, Patron-in-Chief Karachi Council on Foreign Relations (KCFR) and the Vice Chairman Board of Management Quaid-e-Azam House Museum (Institute of Nation Building).

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