Panama case: PM has neither right to appeal nor presidential powers can save him

ISLAMABAD: There is neither any right to appeal available to the Prime Minister in the Panama Papers case nor can the presidential powers of pardon play any role to save him in case any adverse judgment comes against the premier.

PM’s legal team is clear headed that there is no other forum available before the PM if he is disqualified by the Supreme Court’s three member bench.  Senior Advocate Azhar Siddique says that the disqualification of any MP under Article 62-1 (f) is not a conviction but is a declaration by the court that the person is no more Sadiq or Ameen, therefore, there is neither any right to appeal in such cases as has happened in the cases of fake degree holder parliamentarians.

Regarding the presidential pardon, Siddique said that under Article 45 of the Constitution, the president has the power to grant pardon, reprieve and respite, and to remit, suspend or commute any sentence passed by any court, tribunal or other authority. “But such power cannot be exercised in the case of PM in the Panama case because if the PM is disqualified, then neither it would be a sentence nor any conviction,” he maintained. 

He held that the president cannot pardon conviction. He maintained that after disqualification on the grounds of not being Sadiq or Ameen, if any trial court issues sentence to the PM at a later stage that can be pardoned by the president.