Ownership of Mayfair properties: Hussain's counsel asked to produce evidence

The Supreme Court on Wednesday asked counsel for Hussain Nawaz in Panamagate case, Salman Akram Raja to provide documentary evidence of ownership of his client' Mayfair properties in the light of Sharif family's claims in the matter.
Resuming the hearing of the Panamagate case after two weeks break due to ailment of a member of the five-member bench Justice Azmat Saeed Sheikh, the bench led by Justice Asif Saeed Khan Khosa heard the arguments of the counsel for Prime Minister's sons Hussain Nawaz and Hassan Nawaz.
During the course of proceedings, Justice Azmat Saeed Sheikh asked while addressing Salman Akram Raja about any document which could establish that Hussain Nawaz is the beneficial owner of Mayfair properties in London. The bench also asked Salman Akram Raja to produce documentary evidence.
Salman Akram Raja contended that he has been asked many questions in the current matter including, what was source to settle accounts payable received against Gulf Steel Mills business? Why did Tariq Shafi (cousin of Nawaz Sharif) not disclose in affidavit that one Abdul Rehman Ahli received net amount of AED12 million? What did stop Sharif family to transfer the amount to Al-Thani family through banking channel? Where is record of correspondence between late Mian Sharif and Sheikh Jassim during 1980-1999? Was Sharif family aware of investment of late Mian Sharif abroad" Was record of Neilsen and Nescoll companies submitted in the court?
During the proceedings, Raja raised a number of questions of law, saying how and to what extent burden of proof lies on the shoulders of his client Hussain Nawaz in the matter in hand. He further argued whether the apex court can exercise its powers which the Constitution has vested to other courts of law in case Pakistan Tehreek-e-Insaf fails to negate any evidence that his client has produced to defend himself.
Salman Akram Raja further raised questions of law, "Whether the apex court is constitutionally competent to hold an inquiry by itself to probe into any wrongdoing of Sharif family or Prime Minister Nawaz Sharif accrued during last 45 years? Whether the apex court can try an accused on its forum constitutionally? Whether an accused can be deprived of the right to appeal in such kind of trial in the apex court? Whether the Supreme Court can hold any inquiry into alleged unlawful action which is based upon mere accusations? Whether the apex court can ask for inquiry into an unlawful act which was not reported to the relevant forum of investigation? Whether the matter in hand is not the subject matter of National Accountability Bureau under the law of the land? Whether the Supreme Court can reach a conclusion without examining the accusations levelled in the case?"
Raja pleaded that neither is it a trial matter nor is his client Hussain Nawaz witness in the current matter, adding that he will submit arguments in the light of available record, saying no record of last 45 years is available.
He contended that due to martial law in Pakistan in 1999 all the documentary evidence of Sharif family was destroyed, adding no charge has been levelled against Prime Minister Nawaz Sharif so no proceeding is possible against the Premier' children in the current case.
Relying on three legal grounds, Raja argued there would be no burden of proof on his clients even if the Premier's children are presumed to be accused under the NAB Ordinance; secondly if Hussain Nawaz and Hassan Nawaz are accused persons then it is a matter of fact that there is no proof against them; and thirdly if the court examines contents of television interview of Hussain Nawaz then it is important to know the context and reference of the interview.
Salman Akram Raja cited former Chief Justice Iftikhar Muhammad Chaudhry' son Arslan Iftikhar case in which the apex court had ruled that the relevant departments are competent to conduct trial of an issue, saying it seems appropriate to let the concerned institutions to do their job.
Citing a number of precedents including NICL scam, Raja said that the Supreme Court had vested inquiries and investigations to the concerned departments so the Supreme Court cannot hold inquiry into the current matter.
To which, Justice Asif Saeed Khan Khosa asked the counsel for Premier' sons to inform the court about Hussain Nawaz's point of view in the case, saying it would be better if he can raise questions of law at the end of his arguments.
A member of the bench Justice Ejaz Afzal Khan observed that ownership of Mayfair properties of London is not in question before the court but the court wants to know what the sources were used to purchase these properties.
Salman Akram Raja responded that proceeds of Hussain Nawaz's late grandfather Mian Sharif were the sources to purchase the properties, adding that the petitioner has relied upon High Court of Justice in England verdict of 1999 that owner of London flats is Nawaz Sharif.
Raja argued that petitioner is depending on the then director of Al-Towfeek Investment Fund Shezi Naqvi's application in the London High Court to attach the London flats for recovery of the money.
Raja said that on the other hand Shezi Naqvi had said in an affidavit that the application to attach the properties was submitted before the London High Court in the light of then Federal Investigation Agency official (former Interior Minister) Rehman Malik's report without going to fact that the Sharif family was owner of the said properties.
Raja pleaded that Al-Thani family was the owner of London flats from 1993 to 1996, adding that ownership of bearer certificates was cancelled in July 2006 which were given to Minerva Financial Services Limited in July 2006 and the same were handed over to Hussain Nawaz in 2006.
To which, Justice Azmat Saeed Sheikh asked Raja when he will produce the paper trail, adding that it is allegation that Minerva Services contacted Maryam Nawaz in her capacity of owner of Minerva Financial Services. Justice Sheikh further asked if it is a fact that Minerva Financial Services Limited is looking after the London flats.
To which Raja submitted that allegation against Maryam Nawaz was levelled with an intention to raise a question of the Premier's disqualification by showing her (Maryam) dependent of Nawaz Sharif, adding that it is not a big deal that brother or sister is the owner of the flats. Justice Azmat Saeed Sheikh asked the counsel to produce the receipts of payments to Minerva Financial Services Limited for looking after the helm of affairs of Mayfair properties in London.
He asked about the details of ownership of Hussain Nawaz's flats in London and how the bearer certificates were cancelled and transferred, whereas Justice Asif Saeed Khan Khosa observed that from the day one the court is asking this question which could determine the fate of the case. Raja submitted that he is not a man who can do gamble, saying he will produce every document which is available on record. Hearing of the matter was adjourned till February 16 (today).