SC rejects plea to suspend Nawaz’s PML-N leadership

ISLAMABAD: Chief Justice of Pakistan Mian Saqib Nisar on Tuesday vowed to maintain the dignity of the country’s highest court. He said the limits of the apex court’s constitutional jurisdiction would be determined, asserting that nobody can pressurise it.

The chief justice stated this as a three-member bench headed by him resumed hearing in the identical petitions challenging the controversial Election Act 2017 that enabled the former prime minister Nawaz Sharif to become the party head. Nine petitioners, including PTI Chairman Imran Khan, Sheikh Rasheed Ahmed of Awami Muslim League (AML), PPP Secretary General Syed Nayyar Hussain Bukhari, MNA Jamshed Dasti, advocate Zulfiqar Ahmed Bhutta and Pakistan Justice Party, had moved the Supreme Court to suspend the provision in the Election Act 2017 that enabled a disqualified person to head a political party.

On Tuesday, PML-N leader Raja Zafrul Haq submitted before the court that they had learnt about the case quite late on last Friday, hence they should be given at least two weeks for preparation. A petitioner Zulfiqar Bhutta, however, requested the court to decide the case at the earliest as these days are very critical for the country. He said a UN team is arriving in Pakistan for investigation into the implementation of the UNSC sanctions. At this, the chief justice forbid him to avoid saying irrelevant things only for the sake of making news.

Meanwhile, the court rejected the plea of Barrister Farogh Nasim, counsel for Sheikh Rasheed, seeking suspension of the specific provision that enabled the former prime minister Nawaz Sharif to become the head of the PML-N. The CJ, however, asked the barrister to tell the court how could a stay be granted on a legislation made by the parliament.

The CJ said that the respondent Nawaz Sharif became the head of the party in view of an amendment made to the law. The CJ wondered how could a person be stopped from becoming the party president without suspending the law which had allowed him to be elected.

During the hearing, the CJ observed that PML-N leader Kh Saad Rafique is a good debater with good know-how of the law and they listen to him when he speaks outside the court, but they cannot speak there. “But here after listening to Kh Saad Rafique, we will also talk”, the CJ remarked. At this, Saad Rafique asked "here only the court can speak but how could he?" To this, the CJ, replied that everybody could talk on law points and within acceptable limits, and the court would listen to him. Following this, the CJ gave a ruling that " there would be no talk about this case outside the court." The CJ also noted that former information minister Pervez Rashid also used to speak but he would do so politely. “We are showing restraint,” the CJ remarked but added their restraint should not be construed as a weakness. The CJ said the court can be requested but it cannot be pressurised. Raja Zafrul Haq is a respected parliamentarian and he knows how we respect the parliamentarians, so they should also maintain our respect. Meanwhile, the Supreme Court adjourned further hearing until February 6.