ahlam1399
06-04-2017, 02:05 PM
https://www.thenews.com.pk/assets/uploads/akhbar/2017-06-04/l_208494_052026_print.gif ISLAMABAD: The findings, periodic or final, of the Joint Investigation Team (JIT) to be presented to the Supreme Court will be just a report like the one produced by any similar probe committee or a police body, and will **t be a decision, which the highest judicial forum will be bound to adopt and pro**unce.
The JIT’s report will be closely examined and dissected as the findings of any investigation committee are subjected to intense scrutiny in courts of law every day, legal circles say. It will be a mere story of the investigation done by it.
As it happens on daily basis, such reports are **t necessarily adopted or accepted by the courts in their original forms. Rather, in most cases they are rejected by the judicial forums for **t being credible, convincing, coming up to impeccable legal standards or beyond an iota of doubt.
In addition, like findings of all JITs or any investigative bodies, the report of the instant committee led by senior Federal Investigation Agency (FIA) official Wajid Zia will also be aggressively contested by the lawyers of the affected party -- the Sharif family -- if it thought to be damaging and implicating it in any offence.
Legal experts opine that a full-fledged legal battle will tee off once again after the present JIT will submit its conclusive report to the Supreme Court. All the documents presented to the JIT and the verbal evidence recorded by it and any other material relied by it will be examined afresh by the apex court before reaching a decision.
The audio and video recording of the present JIT proceedings that is being done despite objections raised by the defendants will **t be legally admissible in the court because the law doesn’t permit it. Hussain Nawaz’s lawyer has registered this point with the Supreme Court.
These experts say those who expect and hope that the apex court will hand down its judgment shortly after the JIT will file its final report are unaware of the due legal process that has to be followed. It will be a long haul.
However, according to the Order of the Court, which was the unanimous operative part of the April 20 judgment of the Supreme Court in the Panama case, the JIT shall submit its periodical reports every two weeks before the three-member special bench headed by Justice Ejaz Afzal Khan and shall complete the investigation and submit its final report before it within a period of sixty days from the date of its constitution. The three-member special bench headed by Justice Ejaz Afzal Khan may pass appropriate orders in exercise of its powers under Articles 184(3), 187(2) and 190 of the Constitution including an order for filing a reference against Nawaz Sharif and any other person having nexus with the crime if justified on the basis of the material thus brought on the record before it.
The order also said it is further held that upon receipt of the reports, periodic or final, of the JIT, as the case may be, the matter of disqualification of the prime minister shall be considered. If found necessary for passing an appropriate order in this behalf, the premier or any other person may be summoned and examined, it said.
The JIT may also examine the evidence and material, if any, already available with the Federal Investigation Agency (FIA) and National Accountability Bureau (NAB) relating to or having any nexus with the possession or acquisition of Sharifs’ London flats or any other assets or pecuniary resources and their origin.
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The JIT’s report will be closely examined and dissected as the findings of any investigation committee are subjected to intense scrutiny in courts of law every day, legal circles say. It will be a mere story of the investigation done by it.
As it happens on daily basis, such reports are **t necessarily adopted or accepted by the courts in their original forms. Rather, in most cases they are rejected by the judicial forums for **t being credible, convincing, coming up to impeccable legal standards or beyond an iota of doubt.
In addition, like findings of all JITs or any investigative bodies, the report of the instant committee led by senior Federal Investigation Agency (FIA) official Wajid Zia will also be aggressively contested by the lawyers of the affected party -- the Sharif family -- if it thought to be damaging and implicating it in any offence.
Legal experts opine that a full-fledged legal battle will tee off once again after the present JIT will submit its conclusive report to the Supreme Court. All the documents presented to the JIT and the verbal evidence recorded by it and any other material relied by it will be examined afresh by the apex court before reaching a decision.
The audio and video recording of the present JIT proceedings that is being done despite objections raised by the defendants will **t be legally admissible in the court because the law doesn’t permit it. Hussain Nawaz’s lawyer has registered this point with the Supreme Court.
These experts say those who expect and hope that the apex court will hand down its judgment shortly after the JIT will file its final report are unaware of the due legal process that has to be followed. It will be a long haul.
However, according to the Order of the Court, which was the unanimous operative part of the April 20 judgment of the Supreme Court in the Panama case, the JIT shall submit its periodical reports every two weeks before the three-member special bench headed by Justice Ejaz Afzal Khan and shall complete the investigation and submit its final report before it within a period of sixty days from the date of its constitution. The three-member special bench headed by Justice Ejaz Afzal Khan may pass appropriate orders in exercise of its powers under Articles 184(3), 187(2) and 190 of the Constitution including an order for filing a reference against Nawaz Sharif and any other person having nexus with the crime if justified on the basis of the material thus brought on the record before it.
The order also said it is further held that upon receipt of the reports, periodic or final, of the JIT, as the case may be, the matter of disqualification of the prime minister shall be considered. If found necessary for passing an appropriate order in this behalf, the premier or any other person may be summoned and examined, it said.
The JIT may also examine the evidence and material, if any, already available with the Federal Investigation Agency (FIA) and National Accountability Bureau (NAB) relating to or having any nexus with the possession or acquisition of Sharifs’ London flats or any other assets or pecuniary resources and their origin.
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