Govt has become mafia: Justice Azmat

ISLAMABAD: Supreme Court Judge Sheikh Azmat Saeed observed on Thursday that the government had become the Sicilian Mafia as it was threatening the judges and the Joint Investigation Team (JIT). 

The government was acting like terrorists giving threats to judges, he told the attorney general. “We have received threats from terrorists but now the incumbent government also threatened us. How could the court believe that nobody was behind Hashmi,” Justice Sheikh Azmat Saeed questioned.

Justice Sheikh Azmat Saeed told the attorney general that they had witnessed the 3rd November 2007-like situation but even then they and their children did not receive threats as the incumbent government gave to them and to their children.

“And attorney general, you are also part of the incumbent government," Justice Sheikh Azmat Saeed told the AG. “Even an enemy could not threat the children and you know whosoever threaten children are cowards," Justice Sheikh Azmat Saeed remarked.

The Supreme Court on Thursday issued a show-cause notice to former Pakistan Muslim League-Nawaz (PML-N) leader Nehal Hashmi over his threatening remarks against the Joint Investigation Team (JIT) probing the allegations of financial irregularities and money laundering, allegedly involving the prime minister and his family for establishing properties abroad.

A three-member Special Implementation Bench of the PanamaLeaks case headed by Justice Ejaz Afzal Khan and comprising Justice Sheikh Azmat Saeed and Justice Ijazul Ahsen heard the suo moto case against former PML-N Senator Nehal Hashmi's speech, threatening the institutions of dire consequences.

Meanwhile, the government termed the remarks of a Supreme Court judge regarding the attorney general against the oath of the judges and the code of conduct of the apex court since the same damaged Pakistan's reputation and integrity on the international forum. 

The spokesman for the government denounced a Supreme Court judge's remarks calling the attorney general a representative of the ‘Sicilian mafia.’ "The comments made by the judge damaged Pakistan's reputation and integrity on the international forum," the statement said. 

The constitutional experts are of the view that the statement of the spokesman could lead to the way for submission of a reference against the judge before the learned Supreme Judicial Council at a later stage as Attorney General Ashter Ausaf who is leaving for London en route to The Hague on Sunday (June 5) to have a meeting with the President of Intentional Court of Justice (ICJ) had been asked to return at the earliest.

It is understood that he would be returning within fivedays. During the opening of the case against Senator Nehal Hashmi after his outburst against the judiciary, the Supreme Court bench hearing the case had a particularly fiery exchange with Attorney General Aushtar Ausaf earlier in the day on Thursday. "Congratulations Mr Attorney General: it seems that your government has joined the Sicilian Mafia," Mr Justice Sheikh Azmat quipped as he addressed the Attorney General. "We have faced military dictatorships, but even they did not dare threaten our children," Justice Afzal said to the Attorney General. "Our children are being threatened under your government," he observed. Expressing "deep regret" over the remarks, the government spokesperson in a statement said the Supreme Court judge leveled "unfounded allegations" against the government. "The prime minister's actions against a PML-N member were neglected during the hearing," the government spokesperson said. It gave the time line of the actions of the government and especially of Prime Minister Nawaz Sharif who showed anger over the utterances of the Senator. The spokesperson added that records available in print and social media proved that the government swiftly expressed its anger when Hashmi's inflammatory speech came to light, which also showed that the government's policies were not in line with Hashmi's remarks. He also noted that the Minister of State for Information and Broadcasting Marriyum Aurangzeb clarified that Hashmi's remarks had no link with PML-N and its policies. It should be noted that during the hearing Justice Ejaz Afzal, while addressing the Attorney General, said, "You stayed quiet for two days after Hashmi's speech and then sprung into action fearing the Supreme Court's retribution."

Meanwhile, Minister of State for Information, Broadcasting and National Heritage Marriyum Aurangzeb strongly quashed the notion that the reaction of the government on the remarks of the judge of the Supreme Court indicated any friction, or the commencement of a silent war between the two institutions.

Talking to a private news channel she said that the government, however, felt concerned about the remarks because they had tarnished the national identity and prestige in the comity of nations. She said that the remarks against an elected government and the constitutional office of the Prime Minister were very unfortunate.

The chief justice the other day took notice on the note of Registrar containing the details of the speech threatening the institutions of dire consequences and had summoned in-person, Nehal Hashmi.

Nehal Hashmi was seen telling an audience invisible in the short video clip saying “Listen! You ask the son of Nawaz Sharif to submit his account detail. Who are you to ask him his account details? We are the workers of Nawaz Sharif. We will make an example of those who hold us accountable”.

The court while hearing the matter issued show-cause notice to Nehal Hashmi with direction to file his written reply until June 5 and appointed Attorney General Ashter Ausaf as Prosecutor in the case.

The court also directed Attorney General to collect material related to the case besides directing him to assist the court relating to prosecution on criminal side under Pakistan Penal Code (PPC).

Earlier, after arriving at the bench, Justice Ejaz Afzal Khan being the head of the bench quickly while addressing Attorney General Asher Ausaf said, “Are you aware of what is going on around you and it seems that the government's self-proclaimed spokespersons let no opportunity for maligning the courts?”

“Whatever decision we give, we are not scarred of any consequences as we do justly and fairly”, Justice Ejaz Afzal Khan remarked. He said that the court had constituted a Joint Investigation Team to probe the matter and they had asked the Registrar to pick such and such names for the JIT. “But we see things are blown out of proportion and are being exaggerated and we know what to do”, Justice Ejaz Afzal Khan further remarked saying, “Let’s take sternest action.”

Attorney General Ashter Ausaf submitted before the court that earlier during the Panama case hearing, he had requested the court to debar the politicians of speaking on the cases outside the court and this time again he would request to issue directives in this regard.

Justice Ijazul Ahsen, another member of the bench, told the learned Attorney General that the incumbent government had launched a smearing campaign first against the Joint Investigation Team (JIT) and now against the Supreme Court and its judges.

He further observed that the person issuing such threats was a senator who is also holding a senior party position in Sindh but the government remained silent for two days. “Some members of cabinet and spokespersons also seem to be part of campaign against judiciary,” he remarked.

Meanwhile, Nehal Hashmi looking quite nerves told the bench that he was fasting and would never dream of referring to judges in such a way. The court however, did not allow him to speak and was directed to submit his written reply on Monday which would be compared with.

Attorney General who was appointed as Prosecutor in the matter, however, told the court that he was proceeding to Geneva in connection with International Court of Justice mater on June 5. The court however, asked him to appoint Deputy Prosecutor before leaving for abroad.