Published On:Saturday, 7 May 2016
Posted by Chaudhry

Panama leaks : SC refuses to hear ‘frivolous’ petition filed by Watan Party chief

Panama leaks : SC refuses to hear ‘frivolous’  petition filed by Watan Party chief

ISLAMABAD: The Supreme Court (SC) of Pakistan has turned down a constitutional petition in which the top court was pleaded to reject the request of government for formation of an inquiry commission to probe into Panama leaks.
Watan Party Chairman Barrister Zafar Ullah Khan in his petition, filed under Articles 184(3) read with 2A 3, 4, 5, 8, 9, 19(a) and 25, had contended that the probe into Panama leaks through inquiry commission under The Pakistan Commission of Inquiry Act I956 is a “futile exercise and waste of time”.
However, the Registrar Office of the top court on Friday struck down the plea terming it against the rules of top court for not fulfilling the necessary requirements.
“This petition prima facie appears to be a frivolous within in the contemplation of Order XVII Rule 5, wherein registrar may refuse to receive a petition on the grounds that it is frivolous or contains scandalous matter, of the Supreme Court Rules 1980,” stated the objection note.
“That the certificate provided in this constitution petition does not fulfil the requirements of a certificate as required under Order XXV of Rule 6, wherein it shall state whether the applicant has moved the High Court concerned for the same relief and, if so, with what result,” read the objection note, adding the mentioned petition is not entertain-able.
The petition had made the government, Interior Ministry, Federal Board Of Revenue, National Assembly speaker for formation of parliamentary committee on Panama leaks, National Bank of Pakistan (NBP) and Election Commission of Pakistan (ECP), as respondents.
The petitioner contended that formation of the commission would be an exercise in futility and waste of money and times to settle political disputes through courts where the opposition wants to derail the democracy as like past, adding let the both sides provide all these overseas certified documents and evidences before the ECP to disqualify the members of the parliament.
He maintained that offshore investments are not “illegal”, adding there are foreign assets declared in income and wealth tax returns filed in Pakistan.
The petitioner suggested that it is more appropriate under the circumstances and more in favour to strengthen the democratic set out to form a parliament committee or panel to look into matter seriously and learn to solve its problem themselves, and if there is disagreement on issues then the political parties can seek vote of no confidence, under Article 95 against the prime minister.
Similarly, another advocate Tariq Asad has challenged the objections of Registrar Office in the same matter through appeal under Order V Rule 3 of the SC Rules 1980. He prayed before the court to set aside the objections of SC Registrar and fix the petition for hearing.
Advocate Asad in his appeal stated that the registrar allegedly committed “misconduct by filthy remarks” on the petition filed by him who has not only a professional standing of over 40 years but also a professor of law.
“The petition is maintainable under Article 184 (3) of the Constitution. It is not expected from a responsible officer to copy the word of a rule and pass such remarks in a mechanical manner without going through the contents of the petition. Whereas there is nothing unreasonable or unwarranted in the petition; it is full of substance, depth and wisdom; nothing therein is frivolous or scandalous,” stated the appeal.
Earlier, Advocate Asad while filing his petition in SC prayed for formation of “high-level judicial commission” to probe into alleged money laundering and tax evasions through offshore companies

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