Trying to ascertain money trail for purchasing Mayfair properties in London on Wednesday, the Supreme Court asked the Pakistan Tehreek-e-Insaf (PTI) to come up with solid evidence to prove its claim that the premier's family owned the London flats before 2006.
Resuming the hearing of the Panama Leaks case, a five-member larger bench led by Chief Justice Anwar Zaheer Jamali observed that the burden of proof would be shifted to Prime Minister Nawaz Sharif's family if the PTI proves that Maryam Safdar, Hussain Nawaz and Hassan Nawaz purchased Mayfair properties in London before 2006 through offshore companies.
At the onset of the hearing, one of the petitioners in the matter, Advocate Tariq Asad requested the court to consider his Civil Miscellaneous Application (CMA) about electronic media debates on the former counsel for the PTI, Hamid Khan. To which Chief Justice Anwar Zaheer Jamali appreciated the acumen of Hamid Khan, saying he is a senior competent advocate of the apex court and a jurist who enjoys much respect of the court.
While disposing of the CMA, the Chief Justice, however, said if any party doesn't have interest to hire the services of a lawyer, it is another matter. Chief Justice Anwar Zaheer Jamali further said that media should show responsibility in this regard.
During the course of proceedings, Naeem Bokhari, the counsel for PTI, cited a television interview of Maryam Safdar and Hassan Nawaz to which a member of the bench Justice Azmat Saeed Sheikh said the court is not relying on journalistic news in the current matter.
Justice Asif Saeed Khan Khosa observed that court may consider relevancy of a news story to prove a fact, saying in the current matter the reference of media is not relevant.
Justice Khosa said, "In political arena, allegations have been traded from both sides, so this is a tricky area." Bokhari alleged that Prime Minister Mian Nawaz Sharif made contradictory statements to the nation in his speech and from the floor of the House. He said there was a contradiction in the Prime Minister's assertions as he has not proved money trail from the UAE to Jeddah and then to London. Bokhari said that in 1973, the late Mian Sharif moved to the UAE and set up Gulf Steel Mills in Dubai and carried on the business through his nephew Tariq Shafi whereas Muhammad Hussain was a partner in the company.
The PTI lawyer said that in 1978, the late Mian Sharif decided to sell off 75 percent to Abdallah Kayed Ahli to settle the company's outstanding liabilities with a domestic bank in the UAE.
Referring to Tariq Shafi who sold 75 percent shares of the company through a tri-partite agreement and the money was utilised to settle outstanding liabilities, Bokhari said all the liabilities were not paid and company was in deficit whereas total consideration of the sale was AED12 million.
Bokhari said that no money trail has been established by Nawaz Sharif and his family to which the bench remarked that the Sharif family had not produced documents of companies, saying that documents have been hidden from the court.
He pleaded that the Nawaz Sharif family bought London flats before selling Jeddah Steel Mills to which Justice Azmat Saeed Sheikh remarked that court has not been informed about the source of money to invest in Jeddah Steel Mills and purchase of the London flats.
Bokhari said that Prime Minister Nawaz Sharif said in his speech that during exile in Kingdom of Saudi Arabia, they secured advance form Saudi banks and established Jeddah Steel Mills.
Justice Sheikh said that the Premier's children's documents submitted in the court only provide details of a steel mill in Dubai without mentioning from where they brought investment for the Jeddah Steel Mills. Justice Sheikh also said that documents don't mention that the investment was used to purchase the Mayfair properties in London.
The PTI lawyer pleaded that Maryam Safdar is the beneficiary owner of the London flats, saying a trust deed between Maryam Safdar and Hussain Nawaz has no value in the eye of the law as it was not registered with the competent authority. He said that Maryam Safdar has said that she is a dependent of Nawaz Sharif.
Justice Khosa said, "It may be a personal question. She is a married lady and does she live with her husband." Bokhari responded that "she lives with her husband in Jati Umra, Raiwind Road, Lahore."
During the proceedings, Bokhari also read out the letter of former Foreign Minister of Qatar Hammad Bin Jassim Bin Jaber Al-Thani saying it completely and absolutely contradicts the speech of the Prime Minister Mian Nawaz Sharif. Bokhari said that Maryam Safdar, Hussain Nawaz and Hassan Nawaz were completely dependants of Mian Nawaz Sharif who are beneficial owner of the Mayfair property of London, saying Hussain Nawaz and Hassan Nawaz have no tax numbers in the country. Appearing on behalf of Jamaat-e-Islami, Advocate Asad Manzoor Butt said that case is being prolonged so a commission should be formed in the current matter. Later, the bench adjourned the hearing of matter till December 06.