Pakistan People’s Party (PPP) Chairperson Bilawal Bhutto Zardari on Friday submitted a review petition in the Supreme Court (SC), seeking removal of his name from the JIT report submitted in the Rs 42 billion fake accounts case.
The petition, submitted by former attorney general Khalid Javed Khan, stated that, “in the interest of justice that this Hon’ble Court may be pleased to review / recall / modify the Order dated 7.1.19 passed by this Hon’ble Court and direct deletion of the name of the Applicant from the JIT report and from any other probe, proceedings etc. being conducted by FIA, NAB and/or any other Authority in respect of the subject matter of title proceedings and pass such other order as deemed appropriate in the circumstances of the case”.
Bilawal also raised several legal questions regarding the January 7 verdict in the case and in view of the questions, he requested a detailed hearing “having impact on the exercise of jurisdiction under Article 184(3) of the Constitution of Pakistan and other issues of public importance, this court may be pleased to order constitution of a larger bench to hear this review petition”.
The review petition objected to the SC directions given in paragraphs 37(v) and (vi) of the court’s order as it says that the investigation and trial will take place in Islamabad as opposed to Karachi, where it was originally set to take place.
The petition mentioned that “the said directions are inconsistent with the provisions of the National Accountability Ordinance, 1999, and the principles relating to territorial jurisdiction, and warrant reconsideration keeping in view the mandate of Articles 4 and 10A of the Constitution”.
The document also raised objections against the directions given in paragraph 37(ii) and (iii) of the court order that says that the JIT will assist NAB with the case’s inquiry. The petition states “the direction for the continuation of the probe by JIT in cases not concluded, without any prescribed time limit warrant review and reconsideration by this Hon’ble Court”.
Raising reservations with an implementation bench being set up for the court’s orders, especially during criminal proceedings, the petition alleged that it will inevitably prejudice the probe being conducted on the orders of the country’s highest court.
“It is therefore, humbly prayed that this Hon’ble Court may be pleased to recall the direction for setting up of the Implementation Bench in this case,” the petition read.
The petition also submitted that the principles of law that warrant the formation of legal bodies, such as the JIT should be regulated, instead of being decided on a case to case or ad-hoc basis and further alleged that the erratic formation of JITs to probe cases without a proper, predetermined criterion, hints at a lack of confidence in the existing bodies that deal with such matters and as a result will also significantly weaken these institutions. According to the petition, there is also the probability that these bodies will become dependent on these parallel bodies, as witnessed with respect to the FIA.
The review petition states that if the statutory bodies or authorities are found deficient, the solution is to strengthen them by bringing about reforms, instead of creating ad-hoc bodies. It has also been submitted that a belated exoneration or acquittal will not be able to undo the irreparable damage already caused to the individuals by the media trial in the fake bank accounts’ case.
Bilawal also added in the petition that “despite clear and categorical directions to the contrary by this Hon’ble Court to maintain and observe the solemnity of the proceedings, someone from within the JIT deliberately leaked parts of the contents of the JIT report to the media portraying a highly damaging picture and the matter was openly discussed in the media causing serious damage to the names, reputation and rights of various persons. All this happened even before the JIT report was formally submitted before this Hon’ble Court”.
Taking another hit at the JIT, the petition mentions, “Needless to add that the voluntary and admitted excesses made by the JIT in the report further strengthen the submission made by the Applicant. It is humbly submitted that this alone is a sufficient ground to reject and discard the vitiated JIT report in its entirety.”
Meanwhile, top leadership of PPP on Friday approved Bilawal Bhutto Zardari to be nominated as chairperson of National Assembly’s Standing Committee for Human Rights.
Farhatullah Babar on Friday told that PPP Chairman Bilawal Bhutto Zardari will be elected as head of NA Standing Committee for Human Rights.
He said that the PPP chairman will be nominated by the committee despite he was currently paying a foreign visit. Babar said that Bilawal will play vital role in the HR standing committee. Sources said that the National Assembly will hold elections for chairmen of standing committees in next week.
Published in Daily Times, February 9th 2019.
