Islamabad, : The Supreme Court on Friday issued detailed verdict in petitions against Election Act 2017, which dislodged former Prime Minister Nawaz Sharif as head of the Pakistan Muslim League-Nawaz (PML-N), saying legislation for personalities was tantamount of brow beating to courts.
The detailed verdict has been written by Chief Justice Mian Saqib Nisar, containing on 51 pages while the petitions against Election Act 2017 were filed by leaders of different political parties including PakistanTehrik-e-Insaaf (PTI), Imran Khan, Awami Muslim League (AML), Sheikh Rasheed Ahmed, Pakistan Peoples Party (PPP), Syed Nayyar Husain Bukhari, Jamshed Dasti, Zulfiqar Bhuta Advocate and others.
In the detailed decision, article 17 (II) and 62/1-F, 63 and 63-A of the constitution was referred and said that disqualification will be applicable on the person from that day he was declared as disqualified so all measures of Nawaz Sharif being party head would have no authority. It was further said basic purpose of the Masjlis-e-Shoora was to work in lines with Islamic principles so all members of Majlis-e-Shoora must work according to Islamic principles and a person with same principles can lead the party.
He said it has been inscribed in the constitution of Pakistan that Allah has superiority and elected representatives are bound to run affairs as a guardianship. He said head of any political party was powerful and political parties run affairs of the country, adding it was necessary to have high values for Parliamentarians to run affairs of the Parliament. He said constitution of Pakistan demands protection of basic human rights. He said everyone has the right to form association or party but was also necessary to meet criteria of ethics.
In the detailed verdict, it said on who does not fulfill criteria of article 62, 63, can not become office-bearer of the party. He said Election Act 2017 clause 203 could not be aligned from article 62, 63 of the constitution. He added additional legislation was not possible to bypass the constitution. He said clause 203 and 232 must be read out jointly with article 62 and 63.
Chief Justice said PML-N is the biggest party with maximum seats in the Parliament House. In 2013 elections it formed government on the basis of majority and at the then Nawaz Sharif was president of PML-N. He said a person who was declared disqualified, could not be given authority to operate the party like a king. He said an emperor who himself lack the ability to elect through electoral process and move puppets through a string, such political authority was tantamount of mocking constitution, legislation process, law, government and values. He remarked it was basic principle of the law and justice that one task, which was not being done directly, could not be done indirectly.
Referring to detailed verdict of Panama case, Chief Justice said ICI issued details of Mossack Fonseca & Co on April 03, 2016. The Panama revelations were telecast by national and international media. He said names of ex-PM also appeared in Panama case while different leaders across the globe tender resignations after public reaction.
In the detailed verdict, it has been said that Nawaz Sharif likewise other political leaders gave explanation on different occasions. He said explanation was also by Nawaz Sharif before the Parliament. Due to contradiction in his statements, some Parliamentarians approached the Supreme Court. The Supreme Court after detailed hearing announced verdict on April 20, 2017. Two judges Justice Asif Khosa and Justice Gulzar declared Nawaz Sharif as disqualified. After April 20 verdict, it was decided to constitute Joint Investigation Team (JIT).
The court announced verdict on July 28 in the light of report presented by Joint Investigation Team (JIT) while other three judges also declared Nawaz Sharif as disqualified in their verdict. Chief Justice further said five-member bench of the apex court ordered NAB to file references against Sharif family. He said after disqualification from apex court, Nawaz Sharif had become ineligible for Party presidentship but Nawaz Shaif was made party head through making amendment in the law. After this different petitioners contacted the court. He observed that legislation for dignitaries was tantamount of brow beating with courts. It is worth to mention that the apex court in its detailed verdict had nullified all orders of Nawaz Sharif as party head on July 28.
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