Minus Imran-plus Nawaz formula

ISLAMABAD: In a twist of fate, PTI chairman Imran Khan is fearing for himself a minus-one formula at a time when the stage is being set for the return of Nawaz Sharif into power politics.

In his interaction with media persons a few days back, Imran Khan apprehended that he might be disqualified whereas his party- the Pakistan Tehreek-e-Insaf- might also face a ban. In a surprise development, the government through Attorney General for Pakistan revealed before the Supreme Court on Monday about the enactment of law by Parliament, assented by the President, giving Nawaz Sharif the right to file review before the Supreme Court against his 2017 conviction and disqualification for life.

Law Minister Azam Nazeer Tarar, however, is reported to have said that the new law will not benefit Nawaz Sharif and Jehangir Tareen. But many others don’t agree with his view. Tarar said that Nawaz and Tareen had availed themselves of their reviews and thus cannot benefit from this law.

Barrister Zafarullah Khan, senior legal mind and former Special Assistant to the then PM Nawaz Sharif, when approached told The News, “In my view, a new review is available under this law to all those cases already decided by the Supreme Court before the commencement of this law even if earlier review is rejected because now new grounds (facts and law) as well as larger bench are available.”

Senior Supreme Court lawyer Khawaja Haris when asked whether this law will benefit Nawaz and Tareen, said that it will benefit them and all others starting from 1973. He said that all such orders passed before the enactment of the law are now open to review under the new law. Those seeking relief under this act, he said, will have to file review within 60 days.

According to Hasnat Malik, senior Supreme Court journalist, both Nawaz and Tareen can file review against their disqualification for life under Article 62(1)(f). He said that no review was filed against the Supreme Court decision which had ruled that disqualification under Article 62(1)(f) is for life.

Notified on Monday (May 29), the law - The Supreme Court (Review of Judgments and Orders) Act, 2023 - allows a person, affected by SC’s decisions in suo motu cases under Article 184/3, to file review before the apex court against such decisions. Review petitions in such cases will be heard by a Bench larger than the Bench which passed the original judgment or order.

According to the Act, the review can be filed within 60 days of the passing of the original order.However, in order to cover the past cases like that of Nawaz Sharif and Jehangir Tareen, the law allows the right to file a review to aggrieved persons whom an order has been made under Article 184(3) prior to the commencement of this Act.

Many are surprised how the President Dr Arif Alvi agreed to the enactment of this law that might greatly benefit Nawaz Sharif. Previously a bill passed by Parliament and later enacted - Supreme Court Practice and Procedure Act 2023 - was not signed by the President whereas the Supreme Court had stayed the bill before its formal enactment and when it was referred to the President for his assent. The SC halted the enforcement of the Act.

For many now the new law - The Supreme Court (Review of Judgments and Orders) Act, 2023 - will allow Nawaz Sharif, Jehangir Tareen and others to file review before the Supreme Court against their disqualification for life.

Nawaz Sharif was removed from the office of Prime Minister and disqualified from contesting election or holding any public office for life in 2017 by the Supreme Court of Pakistan.

Later in 2018, he was also barred from holding the office of President of PMLN in 2018 by the apex court. The minus-one formula, which was applied on Nawaz, led to the emergence of Imran Khan as Prime Minister of Pakistan. Now there seems to be reverse engineering in progress.