Judiciary to determine fates of Nawaz, Imran

The role of the superior judiciary will be crucial in holding the upcoming general elections, scheduled for February 8, 2024, as well as deciding the eligibility of two former prime ministers—Nawaz Sharif and Imran Khan—to contest them.

Ahead of the last general elections, held on July 25, 2018, the superior judiciary led by former chief justice of Pakistan (CJP) Mian Saqib Nisar had ousted Nawaz Sharif from parliamentary politics and declared Imran Khan as Sadiq and Ameen—truthful and trustworthy.

Presently both Nawaz and Imran are disqualified to contest the elections. Nawaz Sharif was convicted in two corruption cases emanating from the Panama Papers case while Imran Khan was sentenced to three-year imprisonment in a gift repository--Toshakhana--case.

Interestingly, the Islamabad High Court (IHC) has suspended these sentences.

However, Nawaz and Imran will remain disqualified until the IHC overturns the orders of the trial courts.
It is challenging for the superior judiciary led by CJP Qazi Faez Isa to end the perception that judicial proceedings are always manipulated in favour or against any particular political party.

An IHC division bench led by Chief Justice Aamer Farooq will resume hearing Nawaz Sharif's appeals against his conviction today (Monday).

It is being expected that Nawaz Sharif's conviction in both the Al-Azizia and Avenfield cases will be set aside and he will become eligible to contest the elections.

As far as Nawaz Sharif's lifetime disqualification is concerned, the parliament has passed a law that says that disqualification under Article 62 (1) (f) of the Constitution is for five years.

No one has challenged that law in any court of law. Both Nawaz Sharif and IPP party chief Jahangir Tareen will be the main beneficiaries of this legislation.

However, it is debatable as to whether parliament can determine the period of disqualification under Article 62 (1) (f) of the Constitution through simple legislation as the Supreme Court had declared that disqualification of a lawmaker under Article 62(1) (f) will be for a lifetime. Some experts believe that this judicial opinion is still in the field.

CJP Qazi Faez Isa has publicly raised questions about the SC's July 2017 verdict in the Panama Papers case that resulted in Nawaz Sharif's disqualification. There are chances that Panama Papers jurisprudence will be rolled back if the matter is agitated before the SC in the near future.

Senior lawyers believe that if the superior judiciary ends Nawaz Sharif's disqualification then the pressure will mount on it for giving relief to Imran Khan as well.

Unlike former CJP Umar Ata Bandial's term, the state institutions are now not facing any hurdle to implement their plan toward the PTI followers involved in May 9 incidents.

Imran Khan's legal team wants a final decision in the Toshakhana case before the general elections. Imran Khan is continuously showing mistrust ton IHC CJ Aamer Farooq.

Justice Aamer Farooq will play a key role in deciding the fate of both Nawaz Sharif and Imran Khan.
Since taking charge on September 18, CJP Isa has so far not passed any order against the PTI or Imran Khan. Even the election date was announced after the intervention of a bench led by CJP Isa.

Now the PTI wants a level playing field in elections as well as due process for political leaders who were apprehended after May 9 incidents. Five PTI female leaders have been behind bars since May.
CJP Isa is so far showing restraint in such matters and mainly focusing on making two retired army generals accountable.

A five-member bench led by Justice Ijazul Ahsan on October 23 declared the trial of civilians in military courts as unconstitutional. Now the government has challenged the larger bench’s order.
Some Intra-Court Appeals (ICAs) have also been filed against the verdict and the Supreme Court will have to list the ICAs for hearing within 14 days.

There are rumours about attempts being made to further delay the general elections.

CJP Isa has already made it clear that the elections will be held on February 8 at any cost. No one will be allowed to create any doubt in this regard, he has stated.

Although it is the duty of the Election Commission of Pakistan (ECP) to hold free and fair elections.  It will be a test for CJP Isa to ensure that judicial proceedings are not manipulated against any particular party during the election process.

This will determine Justice Isa’s legacy as the chief justice of Pakistan.