Ministry of Law issued a Statutory Regulatory Order (SRO) in regards to the investigation of the Panama Leaks, off-shore companies, waving off of taxes on the basis of political affiliations and the formation of a commission to probe into these issues.
Based on the Inquiry Act 1965, the three-member commission will have the authority to summon any individual to conduct investigation and will have access to public records in this regards as well.
According to the rules of procedure, the investigation commission will probe into the involvement of Pakistanis’ involvement in off-shore companies of any country. The commission will also conduct investigation regarding the waving off of bank loans, corruption or sending of money obtained through bribery outside the country from the current or former public representatives or any members of their families.
The commission will also take into its consideration the formation of off-shore companies or waving off of loans through illegal procedures; if illegitimacy is proven then the commission will determine the perpetrators and will suggest suitable action to be taken against them.
According to article-4 of the Act, the commission will have the authority to summon any individual, tax expert or accountant and record their statement. Furthermore, it can also obtain any important documents, sworn testimonies or any public records from any court(s).
The commission can summon any privileged individual. The officer delegated by the commission will have the authority to obtain documents or evidences from any site or building whereas the commission’s proceedings will have legal status. All federal and provincial institutions will be liable to support the commission in its investigation.
Cantonment section has been declared as the secretariat of the commission. It will have the authority to decide the time period needed for completing the investigation and will present its report of findings to the federal government.
Commission's Terms of Reference
The federal government has written a formal letter to the Chief Justice of Pakistan for setting up an inquiry commission.
The letter, written by the ministry of law, says the commission can probe the offshore accounts of Pakistani citizens, investigate current or former bureaucrats and would have the power to summon any individual.
The Commission of Inquiry shall have the following Terms of Reference:
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To examine information relating to involvement of Pakistani citizens, persons of Pakistan origin and legal entities in off-shore companies in Panama or in any other country.
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Involvement of former and present holders of public office in writing off their own bank loans or those of their immediate family members through political influence.
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Transfer from Pakistan of funds which have originated from corruption, commissions or kickbacks, and to determine whether, in any case referred to above, any law for the time being in force in Pakistan has been infringed.
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In case the answer to above is affirmative, to determine responsibility for such infringement, and to make such recommendations as may be deemed appropriate.
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The Commission shall have powers under the Code of Civil Procedure, 1908 for summoning and enforcing the attendance of any person, including a tax expert or accountant, and examining him on oath, requiring the discovery and production of any documents, receiving evidence on affidavits, issuing commissions for the examination of witnesses on documents and requisitioning any public record or copy thereof from any Court or office.
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The Commission shall have the powers to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such point or matters as, in the opinion of the Commission, may be useful for, or relevant to, the subject matter of the inquiry.
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Any officer not below the rank of a gazetted officer, specially authorized in this behalf by the President of the Commission may enter any building or place where the Commission has reason to believe that any books of account or other documents relating to the subject matter of the inquiry may be found, and may seize any such books of account or documents or take extracts or copies therefrom subject to the provisions of section 102 and section 103 of the Code of Criminal Procedure, 1898, insofar as they may be applicable.
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Any proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Pakistan Penal Code, 1860.
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The Commission shall be assisted by all the concerned authorities of the Federal and Provincial Governments.
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The Commission shall start the inquiry at a place and on a date to be fixed by it and shall submit its report to the Federal Government in accordance with its Terms of Reference.
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The Cabinet Division shall provide secretarial assistance to the Commission.
