SC verdict not to affect Nawaz’s politics: Tarar

PML-N legal wizard says duration of disqualification has been reduced to five-year

ISLAMABAD:

While hailing the Supreme Court’s October 11 verdict, one of the PML-N’s legal minds, Azam Nazir Tarar, has contested the claims that the order has effectively closed the doors of electoral politics on former prime minister Nawaz Sharif.

According to Tarar, who served as law minister in the cabinet of former prime minister Shehbaz Sharif, after an amendment in the Election Act, 2017, Nawaz Sharif now stands qualified to contest elections.

“An amendment was made in the Elections Act, 2017 regarding five-year disqualification. Wherever the Constitution is silent, the issue can be addressed through legislation.

“After the said amendment in the election laws, all those people, including Nawaz Sharif, who were disqualified for life, are now eligible to contest polls,” Tarar said in a statement.

The full court of the apex court on Wednesday upheld the Supreme Court (Practice and Procedure) Act, 2023, a law that sought to regulate the power of the chief justice of Pakistan (CJP).

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However, the court declared, by a majority of 8 to 7, sub-section (2) of section 5 of the act to be ultra vires the Constitution. Sub-section (2) of Section 5 of the act was about granting a right of appeal retrospectively to a convict in suo motu cases.

As the apex court disqualified Nawaz Sharif in July 2017 during suo motu proceedings, the Wednesday’s verdict precluded the PML-N supreme leader from filing an appeal against his disqualification.

Tarar, however, stressed that the Supreme Court’s verdict on the procedure law will have no bearing on Nawaz Sharif’s eligibility to contest elections.

“After amendment in the Election Act, 2017, the disqualification limit has been set at five year. As no one has challenged that amendment, Nawaz Sharif is now eligible to contest elections.”

The former minister, however, admitted that Nawaz’s participation in the elections depends on the outcomes of the appeals filed against his conviction in corruption cases.

“These NAB (National Accountability Bureau) cases will be dealt with on merit once Nawaz Sharif returns to the country [on October 21],” he said.