Filing of multiple NAB references: Nawaz challenges SC order

CJP Justice Saqib Nisar dismissed his appeal after maintaining objections raised by registrar office


Hasnaat Mailk December 02, 2017
CJP Justice Saqib Nisar had dismissed his appeal after maintaining the objections raised by the registrar office. PHOTO: FILE

ISLAMABAD: Ousted prime minister Nawaz Sharif has challenged the Supreme Court chief justice’s decision of not entertaining his petition for a joint trial of the corruption references filed by the National Accountability Bureau (NAB) in line with the top court’s Panamagame case verdict.

The SC Registrar Office had returned Sharif’s petition for merging the three NAB references after raising objections. Later, Chief Justice of Pakistan (CJP) Justice Saqib Nisar had, on November 16, dismissed his appeal after maintaining the objections raised by the Registrar Office.

Thereupon the former premier, through his counsel Khawaja Haris, filed a constitutional petition with the apex court under Article-184(3) of the Constitution, challenging Justice Nisar’s verdict.

“Since the petitioner’s case is identically placed, the judge in chambers [CJP] ought to have treated the petitioner’s constitutional petition on the principles of equality, as well as of due process, and accordingly set aside the order of the registrar and referred the petitioner’s constitutional petition for consideration by the larger bench on this question of law,” said the petition.

CJP dismisses Sharif’s appeal for merger of references

It added, “Even otherwise, it is trite law that there is no bar on the jurisdiction of this honourable court under Article-184(3) read with Article-187 of the Constitution in respect of a judgment which is per incuriam [refers to a judgment of a court which has been decided without reference to a statutory provision or earlier judgment which would have been relevant].

“This view was confirmed by this apex court in the judgment reported as re-application by Abdul Rehman Farooq Pirzada; PLD 2013 Supreme Court 829, wherein it was held that this honourable ’court, in exercise of jurisdiction under Article-184(3) read with Article-187 of the Constitution, has unlimited powers to revisit a judgment which is per incuriam, irrespective of the mode and manner in which it is brought to the notice of this honourable court.

“In a case where a judgment passed by this court is challenged on the ground of it being per incuriam, this court is under a constitutional duty and obligation to hear the matter on merits and such petition cannot be disposed [of] by a judge in chambers.”

The petition further contended that the order “forces the petitioner to face the rigours of multiple prosecutions for a single offence, which is tantamount to violation of his fundamental right under Article 10-A of the Constitution”.

It added, “The impugned order exposes the petitioner to triple jeopardy in contravention of his fundamental right guaranteed under Article-13 of the Constitution.

PML-N, PkMAP tied in ideological bond: Nawaz Sharif

“The order is also a violation of the petitioner’s fundamental rights guaranteed under Articles-9, 14 and 25 of the Constitution and is liable to be set aside.

“The order, dated 16.11.2017, passed by the honourable judge in chambers, suffers from errors of law floating on the surface of the record, and is tantamount to denying the petitioner his fundamental rights guaranteed under Articles-9, 10-A, 13, 14 and 25 of the Constitution, besides being in derogation of Article 4.”

Sharif requested the SC in the petition to direct that the Constitution petition filed by him under Article-184(3) of the Constitution may be numbered and the same may be fixed for consideration before a bench of this court.

COMMENTS

Replying to X

Comments are moderated and generally will be posted if they are on-topic and not abusive.

For more information, please see our Comments FAQ