SC dismisses Hussain Nawaz's plea to stop recording of JIT proceedings

ISLAMABAD: The Supreme Court on Tuesday dismissed Hussain Nawaz’s objection to the recording of the Panama case Joint Investigation Team (JIT)’s sessions.

The special implementation bench formed to oversee the JIT’s proceedings had on June 14 reserved its decision over the prime minister’s son’s petition challenging the recording of JIT’s proceedings after his interrogation picture was leaked to the media.

The three-member is headed by Justice Ejaz Afzal Khan and comprises Justice Ijazul Ahsan and Justice Azmat Saeed Sheikh.

Reading out the verdict, Justice Ejaz said the recordings cannot be presented as evidence and is only to be used for maintaining an accurate transcript of the proceedings.

With regards to the leaking of Hussain Nawaz's picture, the bench observed in its judgment that "The other prayer of the applicant cannot be attended to at this stage as the response of the learned Attorney General for Pakistan has not been received so far viz-a-viaz the inquiry report as to the leakage of the image." 

Issue of JIT's 'hurdles'

Meanwhile, the bench also deliberated on the hurdles being faced by the JIT which it had submitted as part of a report to the court earlier. 

Justice Ahsan said the government departments prefer to hold press conferences instead of submitting their responses in court. He added that the court gave its verdict today but a newspaper had already published it. 

Justice Sheikh said the government gets favourable articles printed in newspapers. 

Justice Ejaz directed the attorney general (AG) to submit a detailed response on the JIT’s objections against the role of the Intelligence Bureau (IB) and other official quarters identified by the JIT. 

The bench observed that "sanity should prevail" in the AG's response over the issue

The AG was also directed to release the JIT's report over the leaking of the picture if he deems fit. 

The hearing over the AG's reply was then adjourned till after Eid.

The JIT is conducting a probe into the prime minister's family's international business assets in light of the Supreme Court’s April 20 judgment.

Talking to Geo News after the verdict, Pakistan Muslim League-Nawaz MNA Talal Chaudhry said their legal experts will review the verdict in detail and file a response. 

Pakistan Tehreek-e-Insaf spokesperson Fawad Chaudhry, speaking to the media, said a smear campaign is being run against the JIT and the Supreme Court.

Addressing the media after Chaudhry, Talal said they believe in maintaining harmony between state institutions. He added that however, the party has a right to challenge legal matters in the appropriate forum. Talal stressed that the person who leaked Hussain’s picture should be identified. 

He also dismissed accusations that the party is involved in any campaign against the judiciary or the JIT. 

At a previous hearing on Wednesday, Hassan's counsel Khawaja Harris reiterated his client’s plea that the JIT proceedings should not be recorded on video.

“JIT has no control on the CCTV cameras,” he said, commenting on the JIT's report on the issue which was submitted to the court on June 12.

Justice Khan had observed that recordings are carried out so as to maintain accurate transcripts, adding that the facts of the case are not being affected by the procedure. The nature of statements also does not change because of it, he commented further.

Justice Sheikh questioned the petitioner as to what damage the leaking of his picture had done to him? He further commented that the recording of proceedings will help him more than it can hurt him.

In his response to the JIT’s report over the leaked picture, Hussain had termed it a combination of contradictions.

In the response, the premier’s son alleged that the picture was leaked from the JIT’s side, adding that the control of the CCTV cameras is also with the JIT.

The response stated that the JIT in its response admitted to the court had confessed to leaking the picture. He also said that the name and designation of the person leaking the picture has been kept secret.

Regarding the leaking of Hussain’s picture, the JIT had said it took action within 24 hours of the picture’s circulation in the media. It stated that necessary action was taken against the official responsible for the leak, who was reverted to his parent department and punished accordingly.

The picture, where Hussain can be seen sitting in what is reportedly the interrogation room of the JIT on May 28, went viral on social media after being leaked surreptitiously. 

That was Hussain's first appearance before the JIT. He has since been summoned by the high-profile probe team for a total of five times.