• Imran Khan calls off Nov 2 ‘lockdown’• PM agrees to commission’s formation• Court says will formulate own ToR if both sides can’t agree

ISLAMABAD: It was win-win for all sides on Tuesday when the Supreme Court asked the government and the protesting Pakistan Tehreek-i-Insaf (PTI) to present their respective terms of reference (ToR), in case the court decided to constitute an inquiry commission on Panamagate.

The order allowed PTI chairman Imran Khan to save face and call off his plan to lock down the capital, while Prime Minister Nawaz Sharif accepted the formation of a judicial commission to investigate the Panama Papers scam, which has been a bone of contention between the two parties since the scandal broke in April this year.

The apex court had, on May 13, declined to accept the federal government’s plea to appoint a commission of inquiry to probe the Panamagate scandal.

But on Tuesday, a five-judge larger bench, headed by Chief Justice Anwar Zaheer Jamali, made it clear that it will formulate its own ToR and timeframe for the completion of a probe in case no consensus was reached between the two parties.

Whenever the commission is formed, the court assured the parties, it would be headed by a Supreme Court judge who will exercise authority similar to the apex court. The commission’s report, whenever it is finalised, will be taken up by the court, which will issue a binding order.

“During the hearing of these petitions, a proposal as regards to the appointment of commission has also come under consideration before the court, to which, prima facie, all the stakeholders have shown their inclination,” said an order dictated by the chief justice following the day’s proceedings.

The bench that had taken up four petitions, moved by Advocate Tariq Asad, Jamaat-i-Islami (JI) chief Sirajul Haq, PTI chief Imran Khan and AML’s Sheikh Rashid, adjourned further proceedings until Nov 3.

This will allow the parties to submit their statements or rejoinders on the petitions, if any, as well as formulation of ToR for the court’s consideration in case it concludes that the appointment of the commission will be expedient for just and quick disposal of these petitions.

Even though Imran Khan did not come to witness proceedings, Courtroom No 1 was packed to capacity. PTI leaders such as Shah Mehmood Qureshi, Ishaq Khakwani, Imran Ismail, Naeemul Haq, Asad Umar and Shireen Mazari were in attendance, alongside JI emir Sirajul Haq and Sheikh Rashid. From the government side, defence minister Khawaja Asif, IT minister Anusha Rehman and MNA Daniyal Aziz showed up.

But before postponing proceedings, Justice Asif Saeed Khosa made an impassioned appeal, asking both parties to consider standing down from their rigid positions, especially as the highest legal forum in the land had taken it upon itself to resolve the dispute.

“The entire country is agitating and the citizens are perturbed,” Justice Khosa regretted, and also requesting both parties to show restraint while the court decided the matter.

The Supreme Court also asked counsel on both sides to seek written statements of their clients’ respective stance, so there is no grievance. The court said that it would use these to reach a broad-based understanding that the parties would honour the decision of the commission, as they had done with the 2015 inquiry commission to probe into alleged malpractices in the general elections.

In response, Salman Aslam Butt, who represents the prime minister and his family members, assured the court that PM Sharif accepts the formation of the commission to inquire into allegations regarding the illegal acquisition of properties in the UK and dishonest declarations of income tax returns filed with the Election Commission of Pakistan (ECP).

If the allegations stand proved, the counsel assured the court, the prime minister would personally accept the ensuing legal consequences. However, he said, PTI’s Jahangir Tareen, whose case was also pending before the ECP, should also accept the consequences.

But the chief justice asked Mr Butt to submit an appropriate petition in this regard, since that matter was not before the court.

Hamid Khan was of the view that the scope of the ToR should be widened instead of confining it to the mis-declaration of tax and properties. But he had no answer when Justice Sheikh Azmat Saeed asked him what else he wanted. The judge then himself observed that the ToR could also include details of properties, transfer of money and mis-declaration of assets and income, among other things.

A commission for the sake of having a commission would serve no purpose unless its outcome was binding, the chief justice observed.

At this, Mr Khan assured the court that his party would accept whatever verdict was given.

The court also expressed concern over sensationalist reporting in some sections of the media, which had suggested that some manoeuvring had taken place in order to fix court proceedings on Nov 1. “Are today’s proceedings not held the within two weeks’ time, which the court had given earlier?”

Lockdown averted

Following the Supreme Court hearing, Imran Khan also claimed victory and called off his plans to lock down the capital on Nov 2.

Spinning the court’s orders, Mr Khan declared that instead of protesting on Wednesday, he and his followers would celebrate their victory and encouraged workers to converge on the Parade Ground to observe Yaum-i-Tashakkur (a day of thanksgiving).

This allayed the fears harboured by most residents of Rawalpindi and Islamabad, who were afraid what would happen if life in the twin cities was paralysed.

Reciprocating PTI’s gesture, the government also decided to clear all routes and lift the barricades placed at different points inside the city, as well as clearing motorways and highways.

The Islamabad administration also removed all containers erected on roads leading to Islamabad and other points in the capital, including Faizabad, Tarnol, Golra Mor and Bhara Kahu.

Published in Dawn, November 2nd, 2016