Order of the Constitution Petition No. 29 of 2016 Dated: 20-April-2017 (Panama Papers Scandal)

Constitution Petition No. 29 of 2016,

 File: Const.P._29_2016.pdf

Constitution Petition No. 30 of

2016 &

Constitution Petition No. 03 of 2017

 

• Constitution Petition No. 29 of 2016
  Dated: 20-April-2017
  (Panama Papers Scandal)

 

http://www.supremecourt.gov.pk/web/page.asp?id=103 

                                                                                                            544

 

ORDER OF THE COURT

 

 

By a majority of 3 to 2 (Asif Saeed Khan Khosa and Gulzar

Ahmed, JJ) dissenting, who have given separate declarations and

directions, we hold that the questions how did Gulf Steel Mill come

into being; what led to its sale; what happened to its liab

ilities;

where did its sale proceeds end up; how did they reach Jeddah,

Qatar and the U.K.; whether respondents No. 7 and 8 in view of their

tender ages had the means in the early nineties to possess and

purchase the flats; whether sudden appearance of the

letters of

Hamad Bin Jassim Bin Jaber Al

-

Thani is a myth or a reality; how

bearer shares crystallized into the flats; who, in fact, is the real and

beneficial owner of M/s Nielsen Enterprises Limited and Nescoll

Limited, how did Hill Metal Establishment c

ome into existence;

where did the money for Flagship Investment Limited and other

companies set up/taken over by respondent No. 8 come from, and

where did the Working Capital for such companies come from and

where do the huge sums running into millions gif

ted by respondent

No. 7 to respondent No. 1 drop in from, which go to the heart of the

matter and need to be answered. Therefore, a thorough

investigation in this behalf is required.

2.

In normal circumstances, such exercise could be

conducted by the NAB

but when its Chairman appears to be

indifferent and even unwilling to perform his part, we are

Constitution Petition No. 29 of 2016,

Constitution Petition No. 30 of

2016 &

Constitution Petition No. 03 of 2017  

                                                                                                           545

constrained to look elsewhere and therefore, constitute a Joint

Investigation Team (JIT) comprising of the following members :

ii)

a senior Officer of the Federal

Investigation

Agency (FIA), not below the rank of

Additional Director General who shall head

the team having firsthand experience of

investigation of white collar crime and

related matters;

ii)

a

representative

of

the

National

Accountability Bureau (NAB)

;

iii)

a nominee of the Security & Exchange

Commission of Pakistan (SECP) familiar with

the issues of money laundering and white

collar crimes;

iv)

a nominee of the State Bank of Pakistan

(SBP);

v)

a seasoned Officer of Inter Services

Intelligence (IS

I) nominated by its Director

General; and

vi)

a seasoned Officer of Military Intelligence

(M.I.) nominated by its Director General.

3.

The Heads of the aforesaid departments/ institutions

shall recommend the names of their nominees for the JIT within

seven days from today which shall be placed before us in

chambers for nomination and approval. The JIT shall investigate the

case and collect evidence, if any, showing that respondent No. 1 or

any of his dependents or benamidars owns, possesses or has

acqu

ired assets or any interest therein disproportionate to his known

means of income. Respondents No. 1, 7 and 8 are directed to

appear and associate themselves with the JIT as and when

required. The JIT may also examine the evidence and material, if

Constitution Petition No. 29 of 2016,

Constitution Petition No. 30 of

2016 &

Constitution Petition No. 03 of 2017

546

any, alr

eady available with the FIA and NAB relating to or having

any nexus with the possession or acquisition of the aforesaid flats or

any other assets or pecuniary resources and their origin. The JIT shall

submit its periodical reports every two weeks before a

Bench of this

Court constituted in this behalf. The JIT shall complete the

investigation and submit its final report before the said Bench within

a period of sixty days from the date of its constitution. The Bench

thereupon may pass appropriate orders in e

xercise of its powers

under Articles 184(3), 187(2) and 190 of the Constitution including an

order for filing a reference against respondent No. 1 and any other

person having nexus with the crime if justified on the basis of the

material thus brought on th

e record before it.

4.

It is further held that upon receipt of the reports,

periodic or final of the JIT, as the case may be, the matter of

disqualification of respondent No. 1 shall be considered. If found

necessary for passing an appropriate order in

this behalf,

respondent No. 1 or any other person may be summoned and

examined.

5.

We would request the Hon’ble Chief Justice to

constitute a Special Bench to ensure implementation of this

judgment so that the investigation into the allegations may not

be

left in a blind alley.

JUDGE

Constitution Petition No. 29 of 2016,

Constitution Petition No. 30 of

2016 &

Constitution Petition No. 03 of 2017

547

JUDGE

JUDGE

JUDGE

JUDGE

Announced on

_____________

at _______________________.

JUDGE