'Nawaz does not qualify to serve as PML-N chief': SC gives verdict in Elections Act 2017 case
Haseeb BhattiFebruary 21, 2018
4
0
Former premier Nawaz Sharif does not qualify to serve as the PML-N chief, said a three-member Supreme Court (SC) bench headed by Chief Justice of Pakistan (CJP) Mian Saqib Nisar in a verdict on the petitions challenging the controversial Elections Act 2017 which paved the way for Sharif to resume his position as party chief following his disqualification from public office.
The Senate elections scheduled for March 3 will also be postponed,
DawnNews reported.
The SC had been hearing petitions against the Elections Act 2017 filed by the Pakistan Tereek-i-Insaf (PTI), Awami Muslim League's leader Sheikh Rashid, PPP and others, since January 2018.
During the course of Wednesday's hearing, Additional Attorney General (AAG) Rana Waqar told the SC that the Constitution provides every citizen with the right to join or form a political party.
Waqar referred to Article 17 of the Constitution that concerns "freedom of association" and said that the second clause of the article specifically gives citizens the right to form or join a political party.
Justice Nisar, however, said that in Pakistan's political setup, political parties are personality driven. Justice Ijaz-ul-Ahsan seconded the CJP's statement, saying that political parties are a "one-man show".
Rashid's lawyer Farogh Naseem pointed out that Article 17(2) is "subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan".
He insisted that a person who violates Article 62 and 63 of the Constitution should not be allowed to lead a political party since it is a "matter of public leadership".
Babar Awan, the counsel for PTI, another petitioner in the case, directed the court's attention towards the upcoming Senate elections and said that a disqualified politician was handing out tickets for Senate candidates from the PML-N.
Awan recalled that South African leader Nelson Mandela expelled his wife from his party but she never said "
mujhey kyun nikala" (why was I expelled), a question that has constantly been raised by Nawaz at public gatherings and rallies.
Nawaz was disqualified by an apex court in the Panama Papers case last year under Article 62 of the Constitution for failing to declare a receivable salary as an asset.
"Don't owe an explanation to anyone"
Referring to Prime Minister Shahid Khaqan Abbasi's speech in the Parliament on Monday, Justice Nisar said that the judiciary had never called any politician a "thief". Instead, the CJP said that he had praised the country's leadership and added that he does not "owe anyone an explanation".
PM Abbasi had criticised the judiciary for "insulting" elected officials, during a National Assembly session on Monday.
“I was not willing to say this but it had become necessary. The elected representatives of the 207 million people are being dubbed as thief, robber and mafia. Sometimes threats are being hurled that we [judges] will nullify the legislation that you [parliamentarians] have passed,” Mr Abbasi said in his apparent reference to the hearing of the Elections Act 2017 case.
This is a breaking story that is being developed as more information becomes available. Initial reports in the media are sometimes inaccurate. We will strive to ensure timeliness and accuracy by relying on credible sources such as concerned, qualified authorities and our staff reporters.