SC admits petitions against Elections Act, issues notices to Nawaz, others
The court will resume hearing on January 23
Pakistan's former Prime Minister Nawaz Sharif looks on during a joint news conference with Turkey's Prime Minister Binali Yildirim, following their meeting in Ankara,Turkey, Thursday, Feb. 23, 2017. Sharif, in Turkey on an official visit, will have meetings with the Turkish leadership. (AP Photo/Burhan Ozbilici)
ISLAMABAD:
The New Year started with a new challenge for deposed premier Nawaz Sharif as the Supreme Court on Monday declared as maintainable the petitions challenging the Elections Act, 2017, a part of which paved the way for Sharif to head the ruling party despite his disqualification as parliament member.
After hearing preliminary arguments from petitioners, a three-judge bench of the apex court, headed by Chief Justice Mian Saqib Nisar and comprising Justice Faisal Arab and Justice Ijaz ul Ahsan, issued notices to Sharif, the PML-N and secretaries of the Election Commission of Pakistan (ECP), National Assembly and Senate.
Disqualified person can head party, rules NA
The petitioners – including PTI chief Imran Khan, PPP General Secretary Nayyar Bukhari and Awami Muslim League chief Sheikh Rashid – claimed some provisions in the law to be against the Constitution.
During the hearing, the CJP who has a very consistent view on the supremacy of parliament observed that the Supreme Court should not overstep its jurisdiction.
“We cannot overstep the jurisdiction of parliament,” he said, adding that parliament is a supreme body to make laws, and the same has been by them in Jahangir Tareen’s disqualification case.
“Tell us how many laws have been struck down [by the Supreme Corut],” he said to Dr Farogh Naseem, the counsel for Sheikh Rashid. The CJP also asked him to explain how “this law is ultra vires of Constitution”.
“How the fundamental rights have been impinged due to this election law, which ultimately permitted Nawaz Sharif to become party head even after the SC’s verdict?”
However, Barrister Nasim, referring Articles 9 and 17 of the Constitution, said it is a fundamental right that the country should be governed by honest people. “It is a fundamental right that head of the largest political party should be an honest man,” he said, adding that the law is a person-specific legislation.
He also referred to Justice Ijaz ul Ahsan’s judgment in the Panamagate case, which says it is the people’s right that the country should not be governed by the corrupt and the dishonest. He said the person declared dishonest under Article 62(1)(f) of the Constitution “cannot become party head”.
Rumours abound as Sharif leaves for Riyadh
The CJP noted that instead of using the word ‘dishonest’, it is better to say that the person could not fulfil legal requirements under the same article. “If a parliamentarian is disqualified under Article 62(1)(f) of the Constitution, he goes out of screen by governance and is no more,” he observed.
The counsel said the party chief’s position is very significant in view of Article 63-A of the Constitution, as he has a complete control over the party.
Justice Ijaz asked whether the party head can debar any elected member from parliament. “Yes he can,” Barrister Nasim replied.
Justice Faisal Arab observed that the party head awards ticket to candidates. Justice ijaz said in the prevailing political system, the party head has much influence as he controls the entire process of elections. He also asked the counsel to explain the powers of a party head.
The CJP, however, referred to the 2012 Baaz Muhammad Kakar case and said the SC’s jurisdiction is not like as it was held in that case. However, he said, it was a larger bench‘s judgment and they are bound to honour it until it is revisited.
Sardar Latif Khosa, the counsel for the PPP, said in parliamentary democracy, the party chief’s position is pivotal as he regulates the government by nominating president, prime minister, chief minister and others. “The party head even nominates members of the central executive committee of the party,” he added.
The court also rejected the Justice Party’s contention against another amendment, which makes it mandatory for a new party to submit a list of two thousand members carrying their thumb impressions for registration as a political party by the Election Commission of Pakistan (ECP).
The New Year started with a new challenge for deposed premier Nawaz Sharif as the Supreme Court on Monday declared as maintainable the petitions challenging the Elections Act, 2017, a part of which paved the way for Sharif to head the ruling party despite his disqualification as parliament member.
After hearing preliminary arguments from petitioners, a three-judge bench of the apex court, headed by Chief Justice Mian Saqib Nisar and comprising Justice Faisal Arab and Justice Ijaz ul Ahsan, issued notices to Sharif, the PML-N and secretaries of the Election Commission of Pakistan (ECP), National Assembly and Senate.
Disqualified person can head party, rules NA
The petitioners – including PTI chief Imran Khan, PPP General Secretary Nayyar Bukhari and Awami Muslim League chief Sheikh Rashid – claimed some provisions in the law to be against the Constitution.
During the hearing, the CJP who has a very consistent view on the supremacy of parliament observed that the Supreme Court should not overstep its jurisdiction.
“We cannot overstep the jurisdiction of parliament,” he said, adding that parliament is a supreme body to make laws, and the same has been by them in Jahangir Tareen’s disqualification case.
“Tell us how many laws have been struck down [by the Supreme Corut],” he said to Dr Farogh Naseem, the counsel for Sheikh Rashid. The CJP also asked him to explain how “this law is ultra vires of Constitution”.
“How the fundamental rights have been impinged due to this election law, which ultimately permitted Nawaz Sharif to become party head even after the SC’s verdict?”
However, Barrister Nasim, referring Articles 9 and 17 of the Constitution, said it is a fundamental right that the country should be governed by honest people. “It is a fundamental right that head of the largest political party should be an honest man,” he said, adding that the law is a person-specific legislation.
He also referred to Justice Ijaz ul Ahsan’s judgment in the Panamagate case, which says it is the people’s right that the country should not be governed by the corrupt and the dishonest. He said the person declared dishonest under Article 62(1)(f) of the Constitution “cannot become party head”.
Rumours abound as Sharif leaves for Riyadh
The CJP noted that instead of using the word ‘dishonest’, it is better to say that the person could not fulfil legal requirements under the same article. “If a parliamentarian is disqualified under Article 62(1)(f) of the Constitution, he goes out of screen by governance and is no more,” he observed.
The counsel said the party chief’s position is very significant in view of Article 63-A of the Constitution, as he has a complete control over the party.
Justice Ijaz asked whether the party head can debar any elected member from parliament. “Yes he can,” Barrister Nasim replied.
Justice Faisal Arab observed that the party head awards ticket to candidates. Justice ijaz said in the prevailing political system, the party head has much influence as he controls the entire process of elections. He also asked the counsel to explain the powers of a party head.
The CJP, however, referred to the 2012 Baaz Muhammad Kakar case and said the SC’s jurisdiction is not like as it was held in that case. However, he said, it was a larger bench‘s judgment and they are bound to honour it until it is revisited.
Sardar Latif Khosa, the counsel for the PPP, said in parliamentary democracy, the party chief’s position is pivotal as he regulates the government by nominating president, prime minister, chief minister and others. “The party head even nominates members of the central executive committee of the party,” he added.
The court also rejected the Justice Party’s contention against another amendment, which makes it mandatory for a new party to submit a list of two thousand members carrying their thumb impressions for registration as a political party by the Election Commission of Pakistan (ECP).