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| SC issues detailed judgment in Sharif brothers case |
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Sunday, March 22, 2009
‘Petitioners tried to divide PCO, non-PCO judges’
By Sohail Khan
ISLAMABAD: The Supreme Court on Saturday issued a detailed judgment in the Sharif brothers disqualification case and ruled that the petitioners had tried to create division among the PCO and non-PCO judges.
A three-member bench of the Supreme Court, comprising Justice Mohammad Moosa Khan Leghari Justice Syed Sakhi Hussain Bukhari and Justice Sheikh Hakim Ali, issued the detailed judgment.
It ruled that the petitioners and their learned counsel have attempted to destroy the smooth sailing of the ship of this great judicial institution.
“They have tried to make a hole in the ship so as to let it sink. The obnoxious plea raised and stand taken requires to be deprecated by all the prudent men, women, including all stake holders interested to uphold the dignity and independence of this judicial institution and by all the citizens of Pakistan. It is the contempt of serious nature which cannot be forgiven/pardoned by this court,” says the judgment.
“In fact, it is a conspiracy of highest and gravest nature, which has been hatched up by some vested interests, to destroy the whole judicial fabric of this highest judicial institution of this country, for their own interest and purpose,î the judgment said.
It is being bred so as to get appointed judges of their own choice and interest, in the offices of judges of superior courts, by eliminating out the present judges even whose impartiality and honesty might be above board.
It further ruled that all the judges sitting in this court are equal, respectful and revered and brother judges, amongst whom no distinction and discrimination of belonging to one or the other group can be allowed and permitted by any of the judges of this court to be made and raised at this stage and thereafter.
ìAll the judges having taken oath under the present Constitution, a few of them cannot be given preference by the petitioners or their counsel over or against the others,î the judgment said.
It was further ruled that judges of this court in Tikka Iqbal Muhammad Khanís case (PLD 2008 SC 178) and thereafter by 17 judges of this court in review jurisdiction, and the actions taken against the judiciary are to be considered a past and closed transaction.
It is worth-mentioning that judgment in Tikka Iqbal Muhammad Khanís case was never disputed or challenged by these petitioners, through any review petition. It does not now lie in their mouth through these petitions to criticise the above noted judgment of Tikka Iqbal Muhammad Khan case, in collateral proceedings, which have got no nexus to the merits of this case, in respect of question of qualification and disqualification of Mian Muhammad Nawaz Sharif.
Having lost the proper opportunity of disputing the validity and vires of that judgment of Tikka Iqbal Muhammad case (ibid), now the petitioners cannot be permitted to dispute or impugn the vires of that judgment, especially through these applications.
The judgment said that it was argued before the bench that the leaders and workers of the Pakistan Muslim League (Nawaz) of which respondent No 1 is the President committed the acts of rowdism in the Supreme Court premises on 28.11.1997. Referring to the judgment reported as Shahid Orakzai Vs Pakistan Muslim League (Nawaz) and 8 others (2000 SCMR 1969) it was argued that the said attack on the Supreme Court was made during the government of the Pakistan Muslim League (Nawaz) and at the behest of respondent No 1 while Mian Muhammad Nawaz Sharif was Prime Minister and respondent No 1 was the Chief Minister of Punjab. Certain members of the Provincial Assembly and the National Assembly and pro-active workers of the party were found involved and were convicted for contempt of the court.
It ruled that Mian Shahbaz Sharif was disqualified from being elected or chosen as a member of Provincial Assembly of the Punjab as he suffered from an inherent disqualification. The order of the Returning Officer dated 16.5.2008 of acceptance of nomination papers of respondent No 1 was legally unsustainable which is set aside.
The judgment dated 23.6.2008 passed by the Lahore High Court, remanding the case to the Chief Election Commissioner for constituting a three membersí Tribunal, in the given circumstances of the case, is untenable and of no legal effect, as it will serve no purpose except protracting the proceedings, especially when respondent No 1 has taken determinative decision not to appear before any forum, which is evident from the record and proceedings. Respondent No 1 despite service did not appear before the Election Appellate Tribunal.
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ISSN 1563-9479 
