Nothing unusual about Hussain Nawaz’s leaked picture

It was surprising to watch the Pakistan Muslim League-Nawaz (PML-N) react to the Joint Investigation Team (JIT), probing the Panama papers trail. It was even more puzzling to hear their criticism of the treatment meted out to Hussain Nawaz Sharif.

The outrage, in my opinion, was misplaced. 

Let’s take another look at the picture circulating on the social media. The younger Sharif is captured dressed immaculately, sitting in an air-conditioned room being questioned by six learned professionals. There were no beads of perspiration. He is only required to answer, truthfully, the questions lobbied at him by the team.

It is important for Sharif and the PML-N to be mindful of the realm of investigative procedures that are adopted by the investigating officers in Pakistan.

The JIT has been empowered under the Criminal Procedure Code, 1898, to investigate the prime minister, his sons and others. This code has in the past been used by police officers to grill common citizens. 

As a serving lawyer, I have witnessed several such investigations under the CPC. It can be a nightmare for the accused, even before he is proven guilty. Sharif should be grateful he is not a common man.

In Pakistan, criminal legislation is set into motion mainly through the registration of a first information report (FIR). Thereafter, the accused is immediately arrested, even if the arrest is not required. 

During the physical remand, he is tortured both mentally and physically. Once he is through with the first stages of agony, he is sent to judicial prisons where he is locked up with the hardened criminals. Now, if the accused is lucky, and can afford an expensive lawyer, then he has a shot at getting bailed out, otherwise, he will have to take his chances before the High Courts.

Needless to say that during this entire process there is continuous pressure upon him to settle with the complainant. 

When the proceedings finally begin, they linger on indefinitely, as the court will wait for the police to submit their investigation report. This report can take a long time to come. Till then, the accused will, in most cases, remain behind bars.

Sharif and others who are yearning for due process, fair trial and other enabling legal provisions must bear in mind that the Panama paper’s case has been a special one from day one. It is being heard under a special provision of Article 184(3) whereby a JIT was formed, which once again had to adopt a special procedure to investigate a special person.

People who have appeared before the probe have been treated with respect. The long hours of questioning are primarily due to the complexity of the case.

If Sharif deserves a fair trial then so does every single citizen of Pakistan. 

As a Pakistani, I earnestly want my elected prime minister to come out of this clean and untainted, but till that happens I wish those called in, would cooperate.

Pansota is an Advocate High Court, practising in Lahore. He tweets @pansota1

Note: The views expressed by the author do not necessarily reflect the official policy or position of Geo News, The News or the Jang Group