ISLAMABAD: The opposition’s efforts to generate a wider consensus for its demands met with a fifty-fifty success rate on Wednesday as members of the legal fraternity politely refused their invitation to participate in a meeting of opposition parties over the investigation into the Panama Papers leaks.
The PPP continued politicking for consensus over the opposition’s demands for a judicial investigation into the allegations thrown up in the wake of the leaks, meeting the Supreme Court Bar Association (SCBA) and opposition politician Sheikh Rashid Ahmed, in the hope of securing their support.
But while the SCBA chose to distance itself from the opposition-led anti-government campaign, it supported the Syed Khursheed Shah-led delegation’s point of view on how only special legislation, meant to empower the proposed commission, could lead to an effective probe into Panamagate.
SCBA excuses itself; PPP leaders head to Lal Haveli after quarter of a century, persuade Sheikh Rashid to attend May 2 meeting
The purpose of the 30-minute meeting between the PPP delegation — consisting of Aitzaz Ahsan, Syed Naveed Qamar and Saeed Ghani — and SCBA President Ali Zafar was to invite the latter to the mutli-party consultation, scheduled to be held at Mr Ahsan’s residence next Monday.
However, the SCBA excused itself from the gathering, noting that participation in a congregation of politicians may compromise its independent stand and its position as an autonomous body that serves as a bridge, mediating between adversaries.
Talking to reporters outside the Supreme Court building after meeting Mr Zafar, Barrister Aitzaz Ahsan said the PPP had approached the SCBA due to its independence in such matters.
He was also critical of the government-suggested ToRs for the proposed judicial commission, saying they were unworkable and insisting that only new legislation that gave the commission the powers to carve out its own ToRs, could be the way forward.
However, Mr Zafar told Dawn that such legislation can be carried out by promulgating an ordinance and could empower the commission to summon foreign auditors, banks or any financial institution on behalf of the government to ensure a meaningful inquiry.
Otherwise, a domestic commission would have no power to discover and collect evidence outside the boundaries of Pakistan, nor would it have any jurisdiction over foreign countries, agencies and entities or persons outside the country, Mr Zafar said. The SCBA head has also held consultative meetings with other political parties, such as the PTI, PML-N, JI and PML-Q.
The only effective way to lay the controversy to rest forever was to seek the support of the UN Convention Against Corruption (UNCAC), which has come into force on Dec 14, 2005 and has been ratified by 130 countries, including Pakistan, Panama and the UK.
UNCAC specifically deals situations where cross-border investigations are required, particularly in respect of allegations of ill-gotten assets concealed in offshore companies, he explained.
Referring to the government’s terms of reference for the proposed inquiry commission, Mr Zafar explained the SCBA’s objections.
Not only would any commission appointed under the present ToRs would be a powerless body, he said, but instead of an adversarial process, the investigating body should be an inquisitorial one.
The commission should have a deadline of two or three months, otherwise it would take ages to complete the probe, he suggested, adding that the proceedings of the commission should be open to the public to maintain transparency.
The commission should also have the power to publish its own findings and conclusions independently instead of furnishing them to the government and leaving it to them whether to make the findings public or keep them secret, he observed.
Mr Zafar emphasised that SCBA was only asking for an inquiry and not demanding the conviction or resignation of any specific individual.
PPP at Lal Haveli
PPP leaders also visited Rawalpindi’s famed Lal Haveli in a bid to enlist the support of Sheikh Rashid Ahmed and formally invite him to attend the opposition meeting on May 2.
This was the first time in nearly a quarter of a century that PPP leaders — who have never really forgiven Sheikh Rashid for using derogatory language against the late Benazir Bhutto in parliament — visited the Lal Haveli.
Sheikh Rashid himself pointed out that Syed Khursheed Shah, Aitzaz Ahsan and Naveed Qamar were the first PPP leaders to visit his residence since November 9, 1968, when PPP founder Zulfikar Ali Bhutto personally came to the Lal Haveli.
For over two decades, Sheikh Rashid had been the PPP’s main opponent in Rawalpindi, beating out former army chief retired General Tikka Khan in the 1989 general elections and then Naheed Khan in 1996.
When Nawaz Sharif wanted to launch a drive for public support in the wake of the dismissal of his first government by President Ishaq Khan in 1993, he chose Lal Haveli as the starting point. This was also the launch pad for the Muslim League’s movement against the Benazir Bhutto in 1994.
But on Wednesday, the Lal Haveli rang out with anti-government and anti-Nawaz slogans upon the arrival of the three-man PPP team.
Following the meeting, announced his decision to accept the PPP leaders’ invitation to attend the May 2 meeting, saying that he had demanded an end the corruption and dishonesty because a country with a corrupt prime minister could never obtain a loan from an international financial institution.
Published in Dawn, April 28th, 2016