Dr Ikramul Haq
\nThe rich and mighty in Pakistan blatantly defy laws, make mockery of judgements of the superior courts, and muzzle the public institutions that are established to check corruption and tax evasion \u2014 this is the real dilemma of Pakistan. Loyalists, appointed heads of institutions, serve their political masters and not the public that pay their salaries through taxes. The Chairmen of National Accountability Bureau (NAB) and Federal Board of Revenue (FBR) were admonished in the judgement delivered by a five member-bench of Supreme Court of Pakistan on April 20, 2017 in Panama Case [Imran Ahmad Khan Niazi v Mian Nawaz Sharif & 9 Others \u2014 CP No. 29 of 2016] but till today none has been taken to task \u2014 they are still there to protect known plunderers of national wealth. Since the entire administrative apparatus is captive in their hands, Nawaz Sharif and his loyalists are running a malicious campaign against the judiciary and armed forces in order to divert the attention of masses from their financial crimes and blatant violations of laws.
\nAfter the judgements of Supreme Court of April 28, 2017 and April 20, 2017, NAB and FBR should have started investigations in the case of all persons whose names appeared in Panama and Bahamas Leaks. There should have been probes\/investigations into the assets of all politicians, generals, judges and civil servants vis-\u00e0-vis their standard of living and tax declarations. The sad reality of Pakistan is that heads of NAB, FBR, Federal Investigation Agency (FIA) and State Bank of Pakistan (SBP) cannot even think of investigating these powerful segments unless there are instructions from higher courts.
\nNawaz Sharif while addressing a gathering of lawyers in Lahore posed ten questions challenging jurisdiction of the Court, alleging lack of transparency in proceedings and composition of Joint Investigation Team (JIT). The questions posed by Nawaz Sharif should be debated publically. He has the same fundamental rights as other citizens have. The right of fair trial under Article 10A cannot be taken away even by any court. Nawaz and his offspring have already availed the right of review. Their review petitions should be decided strictly in accordance with law.
\nIt is worthwhile to mention R v Sussex Justices, Ex parte McCarthy[1924] 1 KB 256, a case famous for its precedence in establishing the principle that the mere appearance of bias is sufficient to overturn a judicial decision. It also brought into common parlance the oft-quoted aphorism: Not only must Justice be done; it must also be seen to be done. Since the matter is sub judice, it would be inappropriate to respond to queries of Nawaz, hoping the honourable judges will take care of all when they decide the review petitions.
\nThe most disturbing aspect of the ongoing tussle between Nawaz and his real or imaginary foes is that it is undermining the credibility of institutions. If there is \u2018conspiracy\u2019 against him, Nawaz Sharif should substantiate it with evidence. He should also unveil sources and money trail of businesses and properties abroad, owned by him and all family members or benamidars, to bury the controversy once and for all, rather than hiding behind legal niceties and technicalities.
\nAs sitting PM, Nawaz violated the law of land by keeping huge amounts [closing balance of Saudi Riyal 889,416=US$ 237,165] in Account 462608013344552, Al Rajhi Bank, Jeddah. This aspect escaped the attention of JIT as well as the Supreme Court. Scrutiny of transactions in this account and others maintained with Standard Chartered was necessary. Resident Pakistanis, under the Foreign Exchange Act, 1947 read with Foreign Exchange Manual, are not permitted to open\/maintain foreign currency accounts outside Pakistan, exceeding US$ 1000 or equivalent in other currencies \u2014 Government Notification No. SRO 1016(1)79 dated October 17, 1979. There is a complete bar to have accounts in Afghanistan, Bangladesh, India and Israel. In his nomination papers for election 2013 and tax returns filed with FBR, Nawaz Sharif declared foreign currency account outside Pakistan exceeding the limit of US$1000 but SBP never took any action.
\nTill today, Nawaz Sharif has not provided money trail of properties in London and FIA is least pushed to investigate the alleged money laundering through Hudabiya even in the light of confessional statement of Ishaq Dar and incontrovertible evidence corroborating the same. Nawaz is unable to reply to a simple question: why did he conceal the fact of employment with Capital FZE, not offer for tax income earned abroad and continue employment after taking oath of Prime Minister on June 5, 2013?
\nThe discovery of Capital FZE was not by Joint Investigation Team (JIT) but it came to the notice of Supreme Court from the papers filed by Hussain Nawaz in his defence. He claimed that funds for investment in companies owned by Hassan Nawaz in London came through the said company. In the light of this, Supreme Court ordered:
\n\u201cEvidence 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 and 8\u201d. What came out of the investigation ordered by Supreme Court shocked all. Hussain Nawaz established a company in Jebel Ali Free Zone (Jafza), Dubai, in which father and mother showed salaried employees to secure Iqamas [residence permit]. This fact of employment was concealed by Nawaz in his tax returns and nomination papers filed on March 31, 2013. How can he now claim: \u201cI have nothing to do with businesses of my family\u201d. Despite this evidence, NAB has not started investigation independently and not on mere JIT\u2019s report as ordered by Supreme Court.
\nEvidence collected by JIT confirms that since 2014, the beneficial owner of Nescoll and Nielson, offshore companies owning London Mayfair properties, is Maryam Safdar. Even after this definite information FBR has not taken any action under section 122(5) of the Income Tax Ordinance, 2001.
\nThe above confirms that NAB, FBR, FIA and SBP are captive in the hands of money power and political masters. It is high time that media and civil society take this issue seriously. Accountability is an essential element of democracy, but in Pakistan public institutions have miserably failed on this account. Unless we remedy this malady, nothing will ever change.<\/p>\n","protected":false},"excerpt":{"rendered":"
Dr Ikramul Haq The rich and mighty in Pakistan blatantly defy laws, make mockery of judgements of the superior courts, and muzzle the public institutions that are established to check corruption and tax evasion \u2014 this is the real dilemma of Pakistan. Loyalists, appointed heads of institutions, serve their political masters and not the public […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[10],"tags":[],"class_list":{"0":"post-20358","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-article"},"yoast_head":"\n