It is a well know principle in the justice system that “The Justice Must Not Only Be Done, It Must Also Seen To Be Done”. The decision in the Prime Minister of Pakistan’s case met neither of these criteria. Here are some facts that support this argument. It clearly shows that the the Prime Minister was convicted before any trial and the whole gimmick was to find a reason to do so. The trail was not fair and not met the basic standard of giving the Right of Appeal to the Defendant in a higher court. The Supreme Court, which is an Appeal Court, once again exceeded its constitutional limits and became a trial court. The decision appeared to have been already made somewhere else to remove Nawaz Sharif by hook or crook. The following seems to point towards that direction:
- Javed Hashmi, ex President of PTI, has repeatedly said that Imran Niazi has been assured by the military that Nawaz Sharif will be removed through a judicial coup. The dharnas were part of the plan.
- Subsequently, Imran Khan told Hashmi that that the new Chief Justice, Saqib Nisar, will throw Nawaz Sharif out when he takes over,
- A phone call that was made to reporter and appear to have been from the Agencies in connection with some news he published clearly said something to this effect “We will throw him (meaning Nawaz Sharif) out soon”
- A call form Khosa (I don’t want to call him a judge) to Imran Niazi to file a case in the Supreme Court and we will take care of Nawaz Sharif. By this action, the Supreme Court became the plaintiff.
- The case was filed on the basis photo copies and documents that were previously rejected by the same Supreme Court.
- Revelation by the clown Shiekh Rashid that the COAS decided to remove Nawaz Sharif because he wanted to replace him, but could not find another Butt to agree to take over from the current COAS.
- The scope of the case was illegally expanded from the offshore companies to other search of other assets. The rule of legal proceedings is that the scope must remain as prayed in the original petition. Any new elements must be through a separate petition
- The verdict in April was clearly deceitful, based on frivolous grounds and seemed to have been influenced by Mafia novel and an assumption that rich people make wealth through illegal means.
- Public statements from Saqib Nisar that Imran Niazi is a person of exceptional qualities. This set the tone of the case. To me Saqib Nisar lost his claim to be a judge, let alone the Chief Justice of Pakistan after this comment and a derogatory comment against Hindu Community.
- Comment from Azmat Saeed that Government is acting like Mafia and that Adiala Jail has a lot of room for new prisoners.
- The formation of JIT was illegal, in which members were hand picked and illegally included ISI and MIT members.
- JIT was nothing more than a rubber stamp for the establishment and just signed on what was already fake report. The evidence of that was that both the army and the judges complimented them as having done a great and honest job, when they had no business to say so.
- The post JIT report trial was clearly biased and ignored the valid arguments presented the defense attorneys. The judges became the plaintiffs and forgot that they were judges and not plaintiffs.
- Having acknowledged that Nawaz Sharif is not connected with the offshore companies and that he has not done any corruption, disqualified him on Iqama issue. In doing so they
- Used the definition of un-drawn salary from a Black Dictionary that doesn’t even exists.
- They completely over rode the universal law that the local laws take precedence over any other definition or law.
- The local Income tax law and generally accepted accounting principals contradicted with the argument presented by the judges in their judgement, I cannot imagine that the Khosa and Company were ignorant of this. It can only be assumed as utterly dishonest.
- The Review Petition pointed all these flaws in the judgement, but was ignored.
- The monitoring judge and others pressurized NAB to file references against Nawaz Sharif and also file an appeal against the High Court judgement in favor of Nawaz Sharif. The Appeal is time barred under the law.
A lot more have been said on the case and the deceitful way the Panamgate case was conducted by the Supreme Court of Pakistan. It broke constitution, laws of Pakistan and above all the justice system. By rendering injustice the Supreme Court, once again, have played into the hands of the establishment, brought disgrace to the Country and has proved that Kangaroo Courts operate in Pakistan.
It has been more than a year that Panama leaks surfaced. Since then, the Circus has been going on first on media, among political opponents and then for the last six month or so in Supreme Court of Pakistan. Who knows how long will it take to resolve and what would be the outcome? As we speak, irrespective of the final verdict by Supreme Court of Pakistan, there are several takeaways from this episode:
- A minuscule group, consisting of politicians, intellectuals and media, day in and day out, talk about nothing but corruption in the system. They, naively believe, that corruption, that you can never completely eliminate, is cause root of all our problems.They harp this tune this while sitting in the comfort of their homes, leading a lavish and comfortable life. They refuse to acknowledge that Pakistan is progressing. This Group has little or no sympathy to the people in the lower cadre of the society, except for drawing room discussions and providing some financial assistance to a very select group. Unfortunately, this group has not demonstrated the capacity to look at the big picture and always try and find shortcomings in everything positive that is happening in the country. Some go on tangents and others provide weak arguments to justify their view point. They simply refuse to accept that Pakistan is moving forward. Their motives are questionable.
- On the other hand the workers and the less fortunate show a better perspective of whats happening in the country. They see that development is taking place and pin their dreams and hope in continuation of the present regime for a better future. They take a holistic and more realistic view than our so called minuscule middle, upper middle and the elite class. The have a very straight forward and credible thought process, that is, who is likely to provide better livelihood for them and their future generations. While our politician and intellectuals harp about education, these people want employment. If they see something tangible done, they appreciate it and pin their hopes around that. They are the real voice of masses who have pin their hopes on the present government for better future for themselves and the next generations. And that where vote shall go
- The Supreme Court of Pakistan has shown immaturity and seems to be on a predetermined track to disqualify PM, come what may. In the process, it has lost its mandate and legitimacy. There is also some indications of the age old Judiciary-Army nexus to dislodge an elected PM hasn’t died. Never in the 70 years history of Pakistan, an elected Prime Minister is allowed to complete his term. This is no coincidence and one is forced to assume that the history is repeating itself again. The posturing of the army and the judiciary over the last 4 years suggest that they don’t want to see Nawaz Sharif in Power any more. The two Supreme Court Justices have illegally disqualified PM without a trial. The other judges commissioned a joint investigation team (JIT) to conduct an inquiry, the report produced by JIT is nothing more than the piece of paper it is written on. The judiciary did not follow the law that is the burden of proof lies on the plaintiff. Unfortunately, in this case, the Judiciary has become the plaintiff itself by appointing a JIT under the umbrella of judges who are hearing the case. The Supreme Court has become a trial court, that has nullified its justification for existence, which is to be an appeal court with a responsibility to review judgement from lower courts. Furthermore, by becoming a trial court, it usurped the basic right of every individual to a fair hearing of his appeal by not offering him a different court and a forum. Review petition in front of new judges or a larger bench, unfortunately does not meet the criterion for justice.
- The army remains ever hungry for publicity, flexing its muscles and appear to subvert democracy and meddling in politics. As a result, it has to publicly re-assert its position as a neutral player in this and other similar episodes. However, its demeanor does not support that posture. Not too distant in the past the COAS met Imran Khan from among all political parties.The COAS has to be meet almost any foreign dignitary who comes into the country. It has never let go of the fact that there is a civilian government running the country and never attributes anything positive to govt, other than itself (Raad ul Fsaad etc.) A large section of the people feel that the army has not fulfilled its job of routing out terrorism from the country, Their intelligence and execution is weak, resulting into continuing deaths of thousands of brave soldiers and innocent civilians. The COAS and the army wants a pat on the back for doing the job they are supposed to do. This is neither fair nor acceptable. Behind the scenes they refer to civilians as “bloody civilians”. On media, they portray themselves to be their saviors. It is too obvious. The COAS, repeatedly claims the army to be a champion of CPEC, while its sole responsibility is to provide security to Chinese and other companies working in remote areas. The army is subservient to the govt and must act on its orders, yet it refuses to acknowledge this fact and portrays as it is the driver of the good work in the country. It has protected Musharraf and its COAS have minted wealth. The army Generals do not like to salute the civilian Head of State, and do that unwillingly and with the grudge.
- Politicians, instead of fighting their battles in the elections like they are supposed to do, are using other means. the party in the forefront is Pakistan Tehreek e Insaf (PTI). It is a bunch of discarded politicians and is likely to lose in the next elections because they have nothing to show, hence it is resorting to these tactics.
- The media is playing a destructive roles. They have the same old faces and so called experts, who have nothing but to criticize and pass judgments. They have nothing positive to say and are not worth listening to. They have become the judge and the jurors. In their round the clock transmissions you hardly see or hear anything positive. The anchors are jack of all trades master of none, including their own profession. Their news begins with a bad news and their experts give points as if they are preaching to kindergarten children. Really disgusting. They are among the top of various mafias operating in the country.
So, In a nutshell, one can clearly see that the so called educated group, media, politicians, army and Judiciary does not want to see a powerful Prime Minister, who is always a strength for any country. They fear that they would lose grip on the country if the Prime Minister becomes too powerful. They want to be ahead in the dirty power play game they are playing. They don`t care if the country suffers in the process. They just do not want to let go of illegally usurped power which is out their own mandated spheres. It also appears that some section of educated class, media and so called experts in the media, politicians are also not happy the progress Pakistan is making. They leave no effort to negate it through frivolous arguments. These people do not want to listen to the voice of people or want them to respect their mandate. This is in justice of the highest lot. In the end, but not least, they want to kill peoples hopes and dreams by removing the present government, simplify because the present govt has its own way of operating and want every institution to work within their sphere of responsibility.