Sharif challenges SC Registrar Office order to reject review petition

Pleads that there is no constitutional bar on any citizen to approach SC


Our Correspondent October 25, 2017
PHOTO: EXPRESS

ISLAMABAD: Deposed prime minister Nawaz Sharif has challenged the Registrar Office’s order to return his constitutional petition, seeking a review of the part of the Supreme Court July 28 verdict that deals with directing NAB to file three separate references against him.

The petition was filed through Khawaja Haris under Article 184(3) of the Constitution, making the federal government, NAB, the accountability court and his children as respondents.

A larger bench of the apex court on September 15 dismissed the Sharif family’s review petitions. However, the detailed judgment is still awaited. Besides, charge is yet to be framed against Nawaz Sharif and his children.

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The deposed prime minister requested the Supreme Court to declare that the July 28 verdict directing NAB to file three separate references against him “is as per incuriam, being repugnant to the provisions of Articles 4, 9, 10-A, 13 and 25 of the Constitution.

Later, the SC Registrar Office on October 20 returned Sharif’s constitutional petition by raising objections.

On Tuesday, Sharif through his counsel again filed an appeal against the objections raised by the registrar office. The appeal stated that there is no constitutional bar on any citizen to approach the Supreme Court under Article 184 (3) of the Constitution, adding the court is unlimited jurisdiction to intervene at any time against the judgment, which is per incuriam.

It is also contended that any invalid enunciation of law, which shall cause drastic effects on the people at large and the state, is liable to be revisited by the apex court in exercise of power under Article 184 (3) of the Constitution.

The Supreme Court is thus requested to set aside the Registrar Office order and the constitutional petition should be fixed before the bench for initial hearing.

Earlier, Sharif pleaded the Supreme Court to declare that multiple trials on a single charge would prejudice his fundamental rights, fair trial and protection against double punishment, guaranteed under Articles 4, 10-A and 13 of the Constitution.

Nawaz also prayed the apex court to suspend the accountability court’s proceedings till the filing of a consolidated reference by NAB in respect of the alleged commission of offence under Section 9 (a)(v) of the NAO-1999.

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The petition states that the filing of multiple references against an accused for each asset allegedly owned, possessed or acquired by him, disproportionate to his known sources of income, is repugnant to Section 9 (a)(v) of the NAO-1999.

“Separate trials of an accused for a single offence are contrary to the principles of criminal justice and procedure provided under the Code of Criminal Procedure (CrCP) 1898.”

The petition states that filing of multiple references against Nawaz Sharif for an offence falling under Section 9 (a) (v) of the NAO-1999 is not only repugnant to law, it shall also prejudice all future criminal trials in Pakistan, particularly the cases involving allegations of acquisition of assets beyond means and, as such, merits setting aside in exercise of this court’s jurisdiction inter alia under Article 184 (3) of the Constitution or in terms of this court’s inherent jurisdiction and obligations.

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