Print Print edition: 2018-03-16

Judicial system requires 'overhaul': Nawaz

Published March 16, 2018 Updated March 16, 2018 12:00am

Deposed Prime Minister Nawaz Sharif Thursday said that judicial system requires a complete overhaul as delays in justice constitute major public issues in Pakistan. Talking to reporters outside the Accountability Court hearing corruption references against him and his family members, Sharif said that Pakistan Muslim League-Nawaz (PML-N) will present a comprehensive plan for judicial reforms in its manifesto.
"A complete overhaul of the country's existing judicial system is mandatory as delay in justice and injustices are major issues of public," he said. He further said the PML-N government after 2013 general elections held a series of sessions regarding judicial reforms and also did a lot of work on it.
To a question regarding recent elections of Senate chairman and deputy chairman, he said the whole country witnessed what happened during these elections. "Someone should explain who gave Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan and Co-Chairman Pakistan People Party (PPP) Asif Ali Zardari the address of the 'Sanjrani House,'" he added.
Replying to a query regarding PPP leader Aitzaz Ahsan's statement that he (Ahsan) would stand with Sharif if he names the conspirators against democracy, Sharif asked the reporter, "Do you think he would ever stand with us?"
Sharif said he is not in favour of conflict and only wants that the country should be run according to the law and Constitution. He further claimed that allegations against others include corruption, embezzlement and kickbacks but the case against him is first of its kind as it does not include the allegations of corruption.
Earlier, Sharif, his daughter Maryam Nawaz and son-in-law Capitan Muhammad Safdar (retd) appeared before the Accountability Court amid tight security arrangements.
At the start of the hearing, the NAB prosecutor informed the court that prosecution witness and head of Joint Investigation team (JTI) Wajid Zia has not yet reached the court as he is receiving original JIT report from the Supreme Court. To this, the court adjourned the hearing till 10:00am and exempted Sharif, his daughter and son-in-law for rest of the hearing following the request of defense counsel. Despite exemption, Sharif, Maryam and Sadar attended the proceedings for long time.
Amjad Pervaiz said that the entire JIT report is not admissible as evidence in trial. He said that Supreme Court of Pakistan did not direct NAB to file reference on the basis of a JIT report but to file a references on the basis of material collected by the JIT. "This was not the directives of apex court to attach all volumes of the JIT with all references," he said, adding that except volume 1, 4 and 5 other volumes of JIT are not relevant.
He said that Volume I of JIT report is completely inadmissible. Investigation officer is not authorized under the law to say something about a person or declare a person guilty or innocent, he said. He also quoted reference of different judgments regarding opinions and facts. "How can Zia produce analyses and statement of witnesses as evidence in court of trial?" he said, adding under what law this report can be produced as evidence.
NAB Deputy Prosecutor General, Sardar Muzaffar Abbas while objecting to the defense counsel's plea said, "You have made my job easy as you stated that Volume 3, 4 and 5 of JIT are relevant." "If Volume 3, 4 and 5 of JIT report are relevant then why other volumes are not relevant," he questioned. Referring to the various judgments presented by the defense counsel, Abbasi said that every case has its own peculiar circumstances and this case - references against Sharif family - has its own peculiar circumstances.
"The JIT report is the main material and evidence for us and Supreme Court of Pakistan relied upon this report," he said. He further said the accused did not challenge JIT report at any forum and they demanded constitution of JIT and also appeared before it. This JIT report is now a public document being part of the judicial proceedings, he said. Abbasi said that section 173 cannot be applied as Zia appeared before the court as a witness and not as an investigation officer. Zia was the head of the JIT and court did not appoint him as investigation officer, he said.
The court after hearing arguments of both defence and prosecution lawyers reserved its judgment regarding the admissibility of entire JIT report for some time. Later, the court while rejecting the defence counsel's plea asked Zia to start recording his statement and defence can pinpoint the portion which it considers objectionable. The judge further asked the witness first to present material he collected before and then present the report.
Zia while recording his statement produced shares sale agreement, affidavit of Tariq Shafi, letter of credit, letter of Qatari Prince Hamad bin Jassim bin Jaber al-Thani's and correspondence between JIT and Hamad bin Jassim bin Jaber al-Thani. Ayesha Hamid and Pervaiz also objected to Zia's submission of documents signed by NAB's DG Irfan Mangi, who was a member of the JIT. He argued that Mangi can submit the documents if and when he appears in court as a witness. The court could not record complete statement of Zia and adjourned the hearing till today (Friday).