October 25, 2017
ISLAMABAD: Chief Justice of Pakistan Justice Mian Saqib Nisar observed on Wednesday that Pakistan Tehreek-e-Insaf leader Jahangir Tareen has still not provided the court with the trust deed of his property abroad.
The remarks came during the hearing of Pakistan Muslim League-Nawaz (PML-N) leader Hanif Abbasi disqualification reference against Tareen.
During the hearing, Justice Umar Ata Bandiyal, the other member of the bench, observed that the Panama Papers case also revolved around the issue of beneficial ownership and property being on the name of a trust deed.
Sikandar Bashir Mohmand, Tareen's counsel, responded that Hussain Nawaz's trust was different from Tareen’s as his client is not a beneficial owner of the trust.
Responding to Justice Bandiyal query if assets of children have to be declared in wealth returns, Mohman said only dependent children’s assets have to be shown in the forms but Tareen’s children are married and have their own incomes.
During the hearing, the chief justice remarked that it cannot be inferred from transactions if the money was laundered as it was transferred via banking channels.
The chief justice also observed that the court has to see the matter of honesty in this case, adding that the petitioner has filed the case of non-declaration of an offshore company.
Earlier, as Mohmand was presenting his arguments before the bench, Mohmand said his client paid for the offshore company through a bank. In 2011, Tareen sent abroad £2.5 million, said the lawyer. In 2012, an amount of £5,000,000 was transferred, he added.
Mohmand said that the bank record exists of the payments made to the trust and a loan was also taken worth Rs200 million from a bank by mortgaging the plot.
Justice Bandiyal inquired how the loan was returned and through which mode.
Justice Faisal Arab demanded that the documents pertaining to the Shiny Star View Limited Trust should be presented, to which the lawyer said that currently the details aren’t available but can be in case the court orders.
The hearing was then adjourned until November 7.
In the hearing on Tuesday, Chief Justice Saqib Nisar in his remarks said that it seems as if one person provided answers for Tareen and PTI Chairman Imran Khan — who is also nominated in the petition.
The court asked for documents but up till now the documents have not been submitted, he said to the PTI counsel.
During yesterday’s hearing, Tareen’s lawyer told the court that his client's offshore company was registered in 2011 and through the company a plot worth more than two million pounds was purchased.
He added that the plot was then mortgaged to construct the house.
Tareen's counsel also argued that the trust deed is a secret and cannot be shared to which the court responded that the counsel had said initially that he will share all the details of the case.
The bench observed that the court has to be satisfied that Tareen has no control of the London property.
Justice Bandiyal remarked it seems as if Tareen made Shiny Star View Limited Trust ‘for camouflage and gaining benefit’.
The petition seeks the disqualification of PTI Chairman Imran Khan and the party’s Secretary General Tareen from holding public office, over non-disclosure of assets, owning offshore companies, and receiving funds for the party from prohibited sources.