Legal experts differ on JIT’s effectiveness

ISLAMABAD: Top legal minds differ on the effectiveness of the Joint Investigation Team (JIT) report.

Renowned legal expert and senior lawyer Abid Hassan Minto while talking to The News said it would be impossible for the apex court bench to penalise the prime minister on the basis of JIT report.

“The JIT report is like the challan of an SHO who submit before the court. Does the court penalise the accused on the basis of that challan or report, the answer is no. The court gives full opportunity to the accused to defend himself against those charges and then a verdict is given. In my opinion the court cannot give its verdict under Article 184 (3) on the basis of the JIT report,” remarked Abid Hassan Minto.

“Even in normal cases, the courts give full opportunity to the defendants to prove them innocent despite a damning charge sheet against them, then how the apex court will penalise the chief executive of the country on mere a report of the JIT. The apex court will have to give notice to the defendants to defend themselves before giving any verdict even under Article 284 (3),” says Mr Minto.

Former president of Supreme Court Bar Association Syed Ali Zafar while talking to The News believes the apex court has the powers to give its verdict under Article 184 (3) as it is clearly mentioned in the Supreme Court’s order in Panama Papers case.

“The bench will be fully empowered to give verdict i.e. to penalise the ruling family if found guilty in the JIT report or they can refer it to any relevant forum. In my opinion the court will give its verdict straightaway if the JIT report found some irregularities in the affairs of ruling family,” commented Ali Zafar.

He said the five-member bench should have clearly mentioned the terms of references for the new bench and Joint Investigation Team and should have included independent technical experts in the JIT.