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Published 21 Nov, 2008 12:00am

SC decides to proceed ex-parte on Sharifs’ candidature appeals

ISLAMABAD, Nov 20: The Supreme Court decided on Thursday to proceed ex-parte on appeals relating to candidature of the Sharif brothers because of their continuing absence despite repeated summons, but observed that judges also were human beings and while dispensing justice they also expected justice from the people.

“Everybody is defaming and degrading us in whatever manner they like and even people belonging to the judicial profession are blaming us,” regretted Justice Mohammad Moosa K. Leghari, head of a three-member bench, which includes Justice Syed Zawwar Hussain Jaffery and Justice Sheikh Hakim Ali.

The bench took up the appeals of the federal government and others against the June 23 LHC order of disqualifying Nawaz Sharif from contesting by-election but keeping pending a separate petition challenging the candidature of Shahbaz Sharif until an election tribunal decided about his nomination.

“We have closed our eyes and ears and intend to keep them closed as it is our wish to decide cases legally without being influenced by the circumstances around us,” Justice Leghari observed.

The hearing was adjourned for December 4.

Apparently the observations made by the judges came in response to a recent statement by PML-N chief Nawaz Sharif that he would not appear before the Supreme Court because he did not recognise the legal status of PCO judges.

“We also have sons, daughters, brothers and relatives and it’s an open secret what we are being told and communicated,” the judge said, adding: “We also have certain likings and disliking, but we are trying our best to decide the matter legally. Neither we are angels nor commodity but humans and should be treated judiciously.”

Another judge observed: “Due consideration should also be given that we are not here on our own but on God’s will.”

Advocate Mohammad Akram Sheikh, counsel for Mehr Zafar Iqbal (the proposer of Nawaz Sharif in the election), tried to comfort the bench by quoting what former Iranian President Ayatollah Akber Hashemi Rafsanjani had said about the emblem of the Supreme Court of Pakistan during a visit.

“Allah Almighty has bestowed the virtue upon judges that they rise above the earth in divinity while dispensing justice,” Mr Sheikh said while explaining the scripture on the emblem of the apex court. He said that justice was not blind but judges disconnected themselves from the world while dispensing it.

Advocate A.K. Dogar, representing Shakil Baig (seconder of Mr Sharif in the election), said he had told a judge in Multan the other day that he liked him despite the fact that he was a PCO judge.

At the outset, Advocate General of Punjab Khawaja Haris informed the court that he had personally intimated both Nawaz Sharif and Shahbaz Sharif about the court’s notices asking them to appear before it.

At the last hearing, the court had asked Khawaja Haris to personally inform the Sharif brothers about the notices.

Deputy Advocate General Agha Tariq Mehmood, who had sought a week’s time to seek instructions from the federal government, said he could not contact his clients because they were abroad.

Ahmed Raza Khan Qasuri, appearing on behalf of Syed Khurram Ali Shah, a voter, and Noor Elahi, an independent candidate, suggested he would like to continue his arguments about maintainability of the petitions moved by his clients.

But Akram Sheikh opposed it and said it would be wise not to presume about what the federal government would decide about the fate of the appeals.

Justice Leghari observed that it was not certain whether or not the government would like to follow the appeals.

Petitions have also been filed by the Punjab government, Punjab assembly speaker, Mehr Zafar Iqbal and Shakik Baig against the LHC decision.

The Supreme Court had on June 25 stayed the by-election in NA-123 (Lahore).

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