In my speech in the National Assembly on 8th April I touched upon some Terms of Reference for the Judicial Commission. TORs are the boundaries within which it would operate. UN Commission on Benazir's death and the Scotland Yard team suffered from deliberately limited TORs. They did not add to any knowledge except that they served to cover the issue, further removing it from public interest.
The Judicial Commission under the Chief Justice of the Supreme Court, through all available agencies including FBR, NAB, FIA, and the State Bank Pakistan (the latter under the direction of the Commission should engage reputable foreign forensic audit companies) should conduct a thorough investigation to establish:
- The reason for setting up of offshore shell companies, and offshore bank accounts by businessmen, politicians and others in their own name or in the name of their siblings, parents or children;
- Whether this was done in a legitimate manner and not in violation of the laws of Pakistan;
- Whether the said wealth which was deposited or invested in these offshore shell companies was accumulated through lawful means and not through kickbacks, commissions, over/under invoicing, tax evasion or other forms of corruption;
- Whether money was taken out of Pakistan in a legitimate manner after obtaining necessary statuary permissions from the relevant authorities, and in observance of the law;
- Whether the money was reported in their wealth and tax returns and that legitimate tax was paid on these amounts;
- In case any of the respondents are found guilty of violating the laws of Pakistan or have committed an act of corruption or of concealment, or any other unlawful act, they may be punished accordingly. In the case of parliamentarians if the wealth has been concealed and was not correctly reported to the Election Commission of Pakistan, they should be de-seated and debarred for life from contesting elections.
- Whether any effective measures have been taken by the government to bring Pakistani wealth back to the country that is lying in secret deposits and investments around the world and suggest measures for the same