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Panama leak Case Proceedings - JIT Report, News, Updates And Discussion

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https://www.dawn.com/news/1347007/ducks-not-in-a-row

Ducks not in a row
Cyril Almeida July 23, 2017
199

AND so we’re back to where we began: he may go, but it’s not likely he will. Not because he’s innocent but because he’s not been proved guilty.

Nawaz isn’t resigning and he sure doesn’t look resigned.

Forget what the kids have said and the associates have done and what the documents suggest. To get Nawaz and get him now, there’s three things that the court has needed.

Three things that have to be lined up perfectly — the evidence and the will. And for reasons no side has any interest in revealing, they’re the three hardest ducks to line up in a row.

The three things: evidence against Nawaz the individual; evidence against Nawaz the prime minister; and the will to oust a prime minister. And crucially — in that order.

If it were the other way round, it would have been straightforward. If the will to oust exists, the paths are many and the reasons plentiful.

Ouster the old-fashioned way is about getting rid of someone now and dealing with the future later. If they make a comeback down the road, you can deal with that situation then.

But Panama has been constructed the other way round: the sudden emergence of something that opened the door to thinking about getting rid of the chap again.

Crucially, it’s been built on the presumption that the evidence already exists, that the allegation is the crime. That all that’s been needed is a willing executioner.

In a way it has been about the puppets tugging at the strings above, trying to draw the master’s attention and pleading for a favour to be done to them.

And that created the triple problem.


The first is the evidence against Nawaz. Not his kids, not his father, not his associates. Him — the man himself. The apartments are his as sure as day is day and night is night.

He loves those apartments and anybody who knows anything about family patriarchs knows that he and he alone will decide who gets them and how they’re used.

You can also guess why. The apartments are a link to his father’s legacy, the original patriarch. As his generation’s patriarch, Nawaz has unified the apartments — to inherit and build on his father’s legacy.

But none of that matters. Because what is known anecdotally and boasted about politically is not how the law and the courts work.

There’s no need to even explain it — the gap between the formal law and the financial and social arrangements familiar to every Pakistani is vast and virtually insurmountable.

It’s why there’s an informal economy. It’s how the stock market works. It’s how the property sector inflates and collapses. It’s how the government pulls together its finances, for Chrissake.


The proud existence of the apartments and the fact that everyone knows who owns them changes nothing about what can be proved about Nawaz and those apartments.

So the base of the three-step pyramid is weak.

For the ouster lot, it gets better at the middle: the case against Nawaz the prime minister, not Nawaz the individual.

It gets better here because the evidentiary threshold can be made more flexible. Nawaz can be held accountable for the shenanigans of his kids because, duh, it’s not like they could have made much of that money on their own.

And even if they could, why would you skip out on all the money you can make if your family name is Sharif?

But the evidentiary flexibility against Nawaz the PM works in both directions: if it’s easier to assume the family wealth is all because of Nawaz and his position, it’s also harder to do something about it because he’s the prime minister.

He’s not some two-bit MPA or junior federal minister who can be cast aside and everyone just gets on with life.

Oust him now and you’re rocking the system. Past turmoil may suggest it’s easy to pull the trigger, but it really isn’t. There’s a queasiness that comes with it that even the brave struggle to deal with.

It’s why Musharraf only got three years straight after his coup. And it’s why even Iftikhar Chaudhry wasn’t able to get Gilani right away.

Nawaz the PM makes it easier to expand the definition of things he can be held responsible for, but Nawaz being the PM makes it harder to actually hold him responsible for those things.

And that brings us to the top of the pyramid: the will.

The franticness with which the puppets have tugged at the strings above them, begging the master to do what they are desperate for tells its own tale.

There is, in the very few centres that matter, an ambivalence about pulling the trigger. About cutting the string and letting Nawaz sink in the sea of accountability.


History suggests there’s two reasons for deciding to make a break: something substantive or something personal.

Oddly, Nawaz’s salvation this term has been that he hasn’t been much of a success. He hasn’t really done anything to threaten or enrage anybody. Sure, he’s wanted to but he hasn’t really tried to.

So the substantive part is out. Which leaves personality friction. With whom? Quick, name any of the three judges on the bench. When was the last time the CJP has been in the news?

Is Nawaz at war with his army chief or DG ISI? Friction draws attention. There hasn’t been much of it.

The ducks don’t look like they’re in a row.

The writer is a member of staff.

cyril.a@gmail.com

Nothing but wise cracks of a half @$$ed journalist sitting abroad.

He is deducting his lame duck theory from his recent personal experience. If we go by that then he may appear to be correct in his assumptions but in this case it is apples and oranges.

The way recent SC proceedings of JIT implementation bench have concluded, the factors in play in this case are quite the opposite from the factors of influence experienced and mentioned by the self out casted journalist in the dawn leaks orchestrated story and its aftermath.

The Military has spoken softly in favour of the Supreme Court and remains largely impartial other than holding an obvious grudge due to dawn leaks, they have shown commendable restraint since the infamous tweets and remain in favour of democracy as they have been in recent past.

The Supreme Court five members bench has conducted all its proceedings by the book. Not even the defendants can point a finger and say that we have not been given a fair chance or denied any chance to submit evidence or argue at any length for that matter.

In my opinion, Cyril is off the mark because for the first time we have witnessed two senior judges of Supreme Court ruling for disqualification against a sitting PM in a case that may yet find the PM disqualified.

Whether Cyril's ducks are in order or the other way around, the majority, if not all of the five judges seem to have been frustrated at the lack of proof of money trail. What decision the honourable judges arrive at is purely their own discretion.

What would Cyril have said if Justice Afzal had given his ruling siding with the two other disqualification rulings instead of asking for JIT to do more investigation and instead of giving one more chance to defendants to provide (still non existent) money trail proof.

Cyril may not be very wrong on his own account in assuming a repeat of the same old but historical turn of events have made a fool out of much more competent and honourable men than our wise cracking friend Cyril.

I don't blame Cyril for hiding behind his ducks. He couldn't have managed to write any better on the subject due to his personal prejudice against duck hunters.

All I can say is History is yet to be made.
 
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Must watch Mohammad Malick's program today... Barristerr Ali Zafar, Rauf Klasra and Arshad Sharif were the guests.. Ali Zafar said tht SC cant entertain any more documents/evidence after verdict has been reserved... Jo bhi tha, pehle le aatay.. Ab verdict reserve hogaya..ab kuch entartain nahi hosakta... SC admit nahi karay gi.. I watched the prog in bits and pieces.. Will watch whole prog..now.. Highly recommended

@PakSword @Emmie @QatariPrince @Hyperion @El_Swordsmen

Rauf Klasra nay tu Barrister Ali Zafar ko chora hi nahi. This is so bad! Kafi aur tareekay hotay hain disagree kernay key.

Rauf Klasra aik bar Younus Khan ko bhi aisay hi baizte ker chukay hain aur us banday ko batting sikha rahy thy jo highest test runs scorer hain mulk ka.

Never liked his attitude
 
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According to Farogh Nassem PM's counsel Khawaja Haris today has submitted written submissions most probably with the permission of the court. He thinks the court on Friday directed all the parties to submit written submissions if they feel necessary. Farogh Naseem argues written submissions can be submitted even if the verdict has been reserved.

So I guess we have these submissions on record now. Petitioners should rebut NS's submission through their own written submissions.

@Farah Sohail @PakSword



From 10:30
 
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According to Farogh Nassem PM's counsel Khawaja Haris today has submitted written submissions most probably with the permission of the court. He thinks the court on Friday directed all the parties to submit written submissions if they feel necessary. Farogh Naseem argues written submissions can be submitted even if the verdict has been reserved.

So I guess we have these submissions on record now. Petitioners should rebut NS's submission through their own written submissions.

@Farah Sohail @PakSword



I didnt watch this prog yet.. Hwever, SC didnt say tht parties can submit written responses, if they want.. Infact, to the contrary, when Kh Haris wanted to submit docs on the last day..SC didnt allow him....
If SC accepts these docs...they will send these docs to PTI, Sheikh Rashid and JI's lawyer too, so tht they can submit their written response too... Uptil now, nothing has been shared with PTI..

Rauf Klasra nay tu Barrister Ali Zafar ko chora hi nahi. This is so bad! Kafi aur tareekay hotay hain disagree kernay key.

Rauf Klasra aik bar Younus Khan ko bhi aisay hi baizte ker chukay hain aur us banday ko batting sikha rahy thy jo highest test runs scorer hain mulk ka.

Never liked his attitude

Really? What did he disagree on, with Ali Zafar? I watched this prog in bits and pieces.. Will watch full prog later
 
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Really? What did he disagree on, with Ali Zafar? I watched this prog on bits and pieces.. Will watch full prog later

Barrister said this 3 member bench will give decision and Khosa and Gulzar kay decision count nahi hon gay

Rauf Klasra: Yea law parha hai inhon nay. In ko pata hi nahi kay 20 Apr ko Order of the Court tha, Judgement nahi th.i In ki batton say tu lagta hai in ko basic law ka hi nahi pata aur wo expert banay bethy hain and so on.

20:00 onwards


__________________________________________________________________


HAHAHAHAH

جلد 10 میں کوئی قابل اعتراض بات نہیں،خواجہ حارث
 
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I didnt watch this prog yet.. Hwever, SC didnt say tht parties can submit written responses, if they want.. Infact, to the contrary, when Kh Haris wanted to submit docs on the last day..SC didnt allow him....
If SC accepts these docs...they will send these docs to PTI, Sheikh Rashid Nad JI's lawyer too, so tht they can submit their written response too... Uptil now, nothing has been shared with PTI..

The arguments presented are entirely new. Written submissions per se is a summary of already presented arguments; summary is one thing and arguments based on different ground is another. I don't think SC will value any new addition, CMA looks more an application and less a written submission.
 
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The arguments presented are entirely new. Written submissions per se is a summary of already presented arguments; summary is one thing and arguments based on different ground is another. I don't think SC will value any new addition, CMA looks more an application and less a written submission.

So...if I understand you correctly...you also think..tht this written response of PM will not be entertained/admitted by SC?

HAHAHAHAH

جلد 10 میں کوئی قابل اعتراض بات نہیں،خواجہ حارث

Waisy ..pata nahi..kiun...lekin mujhe bhi lagta hai ke vol 10 main koi explosive material nahi hoga.. JITne jo MLA ke liye requests bheji theen..us correspondence ki details hongi ... Like letters jo doosri countries ko likhay.. But only UAE and British virgin island has responded.. Baqi kisi ne tu respond hi nahi kiya.. So there wont be any new evidences against sharif family in vol 10
 
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Nawaz $harif nomination papers has an illegible stamp of work visa on his passport, but not in mandatory Election Commision of Pakistan's wealth statement 2013/14.

EC form 21 has section specifically for foreign business.

Mian Sb Jaan Do, Jhoot Aur Faraib Chor Do

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So...if I understand you correctly...you also think..tht this written response of PM will not be entertained/admitted by SC?



Waisy ..pata nahi..kiun...lekin mujhe bhi lagta hai ke vol 10 main koi explosive material nahi hoga.. JITne jo MLA ke liye requests bheji theen..us correspondence ki details hongi ... Like letters jo doosri countries ko likhay.. But only UAE and British virgin island has responded.. Baqi kisi ne tu respond hi nahi kiya.. So there wont be any new evidences against sharif family in vol 10

You are right- no content in itself.

But questions based on credible info ticking time. For example: Requesting more info on accounts in Swiss banks, or asking about particular business' name in CAS...etc

Where in assets FZE was declared by N$, seems repeat performances of stage actors is not going too far.

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WHY WAS HIS NOMINATION NOT REJECTED IN 2013........
NOTHING WRONG WITH JUSTIC HERE
BUT THE ILL EQUIPPED LAW...OF PAKISTAN.... THAT HINDER THE TRUE JUSTIC.
THE LAW IS NOT MADE TO SERVE THE LARGE PUBLIC,
IRONICALLY ITS THERE TO PROTECT THE CORRUPT FROM PUBLIC REACH

If he survives based on that, it will be technical justice at its best.
 
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So...if I understand you correctly...you also think..tht this written response of PM will not be entertained/admitted by SC?

All I know is the fact that new arguments and documents can't be admitted without having been controverted by other parties. The title of the CMA is extremely misleading, contents of the CMA are higly objectionable and should not be treated as written submissions. Lets see how court reacts, if the court didn't allow parties to submit further submissions then this CMA shouldn't be admitted, let alone consideration to the contents.
 
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If he survives based on that, it will be technical justice at its best.

Even if it was not caught in Nomination Papers, his signed declaration of Asset & Wealth Statement 2013/2014 submitted in ECP doesn't mention any FZE Capital reference under foreign assets/businesses.

How SCP will not apply Article 62, 63-4 on Nawaz $harif is yet to be seen.
 
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