Smoking gun or not: SC to find out truth about plea for PM’s dismissal

Court asks if army chief’s affidavit can be provided; NA speaker’s ruling challenged

ISLAMABAD:

The Supreme Court on Thursday said it is determined to “ascertain the truth” behind the petitions seeking the disqualification of Prime Minister Nawaz Sharif on the grounds of committing perjury.

The court has questioned whether the petitioners would present the army chief as a witness or would submit his affidavit to prove that the incumbent PM had lied to his fellow parliamentarians.

The three-judge bench of the apex court, headed by Justice Jawwad S Khawaja, also observed that it will first decide on the maintainability of three petitions filed by Pakistan Muslim League-Quaid (PML-Q) chief Chaudhry Shujaat Hussain, Pakistan Tehreek-e-Insaf (PTI) leader Ishaq Khan Khakwani and Insaf Lawyers Forum vice president Gohar Nawaz Sindhu regarding the disqualification of the PM in view of Articles 62 (f), 63, 69 and 227 of the Constitution.

The petitioners contend that the prime minister gave a ‘false statement’ in the National Assembly regarding the involvement of the army chief in negotiating with the leaders of protest camps set up in Islamabad since August. The court asked Sindhu to file an amended petition in this case as he has made his formulations on the Constitution prior to the 18th amendment.

Justice Jawwad S Khawaja has made it clear that even if the petitioners withdraw their case the court will determine the truth as the SC has already buried the ‘doctrine of necessity’. He also asked about details of the meeting between the army chief and PTI chairman Imran Khan.

Justice Dost Muhammad Khan asked Sindhu if there was a meeting between the PM and army chief behind closed doors. “Until tangible evidence does not come before us, they cannot give judgment. The only person, who can confirm the petitioner’s claim is the army chief,” he added.

Justice Khan said the joint parliament’s session unanimously expressed full confidence over the PM in its resolution. “Should all members of parliament be declared disqualified as well?” he asked. He told the petitioners that they should keep in mind the consequences of parliamentarians’ disqualification on this ground. “If disqualification of parliamentarians starts on this ground, then nobody will remain safe in the future,” he warned. The hearing of case is adjourned until November 16.

Meanwhile, the National Assembly’s speaker on September 25 ruling regarding the PM’s disqualification has been challenged in the SC. Advocate Muhammad Azhar Saddique filed the petition in the apex court under Article 184 (3) of the Constitution, making PM Nawaz Sharif, the ECP, Speaker NA Ayaz Sadiq and the federation through the law secretary respondents.

The petitioner prayed that the Speaker’s ruling is ultra vires of the Constitution and illegal, therefore, PM Nawaz Sharif should be declared disqualified in view of Articles 62 (1)  and 62 (1) (e) of the Constitution read with section 99 of Representation of People’s Act 1976.

The applicant has also requested the SC to interpret Article 66 (1) by laying down the principle that nobody is above the law and immunity, if so provided, is not absolute.

Earlier, National Assembly Speaker Ayaz Sadiq rejected a reference seeking the PM’s disqualification in view of Article 63 (2) of the constitution. He said that the National Assembly’s August 29 debate reveals that the allegations in the reference are factually incorrect.

Article 66(1) of the Constitution says there shall be freedom of speech in parliament and no member shall be liable to any proceedings in any court in respect of anything said or any vote given by him in parliament. “Therefore, no notice can be entertained by the speaker with reference to Article 62 as prayed, after the member has been elected by electorate,” the ruling stated.

Published in The Express Tribune, October 3^rd, 2014.