Sharifs don’t respect judiciary, lawyer tells Supreme Court
ISLAMABAD, Jan 29: A counsel appearing against the Sharif brothers in the Supreme Court in a case pertaining to their eligibility to contest election objected on Thursday to former prime minister Nawaz Sharif’s latest attacks on sitting judges for taking oath under the Provisional Constitution Order.
Advocate Ahmed Raza Qasuri recalled the storming of the Supreme Court in 1997 by supporters of Nawaz Sharif and Punjab Chief Minister Shahbaz Sharif and said they had not yet learned to respect the judiciary. He placed before the court newspapers carrying reports of Nawaz Sharif’s bitter criticism of ‘PCO judges’ during a recent public meeting in Sangla Hill and charged that the brothers still held the judiciary in low esteem.
The bench hearing the case comprises Justice Mohammad Moosa K. Leghari, Justice Syed Sakhi Hussain Bukhari and Justice Sheikh Hakim Ali.
Advocate Qasuri is representing a voter, Syed Khurram Ali Shah, and an independent candidate, Noor Elahi, on whose plea the Lahore High Court had disqualified Nawaz Sharif.
The lawyer said former PML-N lawmaker Akhtar Mehmood, who had been convicted in the Supreme Court storming case, had now been appointed a technocrat member of the Punjab Local Government Commission. The appointment showed their level of respect for the court, because they had rewarded a party member knowing well that he had been convicted in a contempt case by the Supreme Court and possessed no experience relevant to the post, Mr Qasuri said.
Quoting Section 103AA of the Representation of the People Act 1976, he said the notification issued by the Election Commission on June1, 2008, declaring the Sharif brothers qualified to contest by-election was not an order in exercise of quasi judicial powers and, therefore, illegal.
Before leaving the rostrum, Advocate Qasuri suggested making the last sermon of the Holy Prophet (PBUH) part of the Constitution and Hazrat Ali’s letter to Governor of Egypt Malik Ashtar part of the establishment’s manual for public officers.
Advocate A.K. Dogar, counsel of Shakil Baig, the seconder of Nawaz Sharif’s candidature, repeatedly pleaded during the proceedings that the judges should first decide on an application urging them to withdraw from the bench.
Advocate Dr Moeenuddin Qazi, representing independent candidate Noor Elahi, recalled that Nawaz Sharif had filed his nomination for the national assembly seat NA-120, Lahore, for the general elections, which was rejected by the returning officer on Dec 3, 2007.
He said the former prime minister did not file an appeal against the rejection, although he moved a miscellaneous application before the election commission which was rejected.He accused the Sharif brothers of continuously maligning the judiciary and flouting provisions of Articles 62 (qualification of a member) and 63 (disqualification).
Nawaz Sharif again filed nomination for a different constituency, NA-123, for the by-election scheduled for June 26, 2008, but the election was stayed by the apex court. This time, the nomination was accepted by the returning officer, disregarding the fact that by-election was continuation of the general elections, the counsel said.
Dr Qazi said the Sharif brothers did not present before the LHC the presidential pardon claimed by them. He said the president could pardon a sentence but not conviction.
The lawyer also accused the Sharif brothers of being bank defaulters. He said both the federal and Punjab governments were not aggrieved parties and, therefore, had no locus standi to move the appeals before the apex court.