The Supreme Court was moved on Friday seeking Prime Minister Mian Nawaz Sharif disqualification on the grounds of being beneficial owner of shares in Panama offshore companies. Chief of Awami Muslim League (AML) Sheikh Rashid Ahmad filed a petition under Article 184 (3) read with Article 187 of the Constitution and Order XXXIII Rule 6 of the Supreme Court Rules 1980 in the matter.
The petitioner made Federation through Secretary Law Justice and Parliamentary Division and Secretary Establishment Division, National Accountability Bureau through its Chairman, Federal Board of Revenue through its Chairman respondents. Submitting the plea Sheikh Rashid Ahmed said, "The high office of the Prime Minister being held by Mian Nawaz Sharif carries with it extreme responsibilities affecting the whole country and therefore cannot be held by a person who is prima facie hit by Article 62 of the Constitution being non-sagacious and untruthful".
He said that by a simple score of notices, the wealth statement of 2011 submitted by Mian Nawaz Sharif to the Federal Board of Revenue (FBR) indicates Maryam Safdar in the column of dependents holding land to the tune of Rs 24851526. He further submitted, "Maryam Safdar's name appeared in Panama Leaks for holding shares in offshore companies the fact which was admitted by Respondent No 4 (Mian Nawaz Sharif) family publicly through Hussain Nawaz, who declared that Maryam was a trustee for him - Being beneficial owner of shares in the offshore companies, the statement of Hussain Nawaz that Maryam is merely a trustee is untrue".
Sheikh Rashid said despite Maryam being a dependent, her holding (ownership of shares) in the off-shore companies were never shown or declared by Mian Nawaz Sharif in the 2013 election forms. "Who (Mian Nawaz Sharif) is thus guilty of mis-statements and mis-declarations on the face of the record violating Section 12(2) of the Representation of People Act, 1976 and clearly hit by Article 62 of the Constitution", Sheikh alleged. He said that as per the settled law of the land, once mis-statements /mis-declarations are on record, the same are enough to hold a person disqualified adding once disqualified always disqualified.
"Even otherwise, the properties in London (the four apartments) purportedly owned by off-shore companies in which Hussain Nawaz has major shareholding were bought in 90s (1993-1996) when Hussain Nawaz, being a dependent of Mian Nawaz Sharif had no independent source of income, the petitioner said. He pointed out that in order to remove the doubts on high officials as high as the Prime Minister, joint opposition committee has suggested Terms of Reference (TORs) with admirable clarity including the scope of Inquiry, time limit, extent etc.
"This would have not only saved the image of the Prime Minister but also the other members involved, be they be relating to the Prime Minister or otherwise - But the government, being in power and beneficiary, is destined to delay the inquiries and resultant actions against the public office holders", Sheikh Rashid submitted. The petitioner added, "That it was also suggested that for transparency an independent, potent, all-powerful and all embracing Inquiry Commission was the requirement of the time but no attention was paid and the constitution of the Inquiry Commission remains far from reality". The petitioner prayed the court to issue directives to restrain Mian Nawaz Sharif from holding public office as member of the National Assembly in the interest of the equity and justice till final adjudication of the petition in hand.