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Nawaz`s Disqualifi-

24 June, 2008

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On Monday 23 June, 2008, a three-member bench of the Lahore High Court disqualified PML-N Chief Nawaz Sharif from contesting the by-election while provisionally allowing his younger brother Mian Shahbaz Sharif to continue working as the Punjab chief minister.

Announcing a unanimous short order, the bench, comprising Justice Abdul Shakoor Parracha, Justice Syed Shabbar Raza Rizvi and Justice M Bilal Khan, referred the petition against Shahbaz to the Election Commission of Pakistan to constitute an election tribunal to decide his eligibility. However, the bench turned down the request of the petitioner to bar Shahbaz Sharif from holding his office.

Earlier on May 5, an election tribunal, comprising two judges of the LHC, had given a split decision on the objections against the Sharif brothers. Noor Elahi, an independent candidate from the NA-123, Lahore, moved the petition against Nawaz Sharif. A freelance journalist, Shahid Orakzai, and a voter, Syed Khurram Shah, filed a petition challenging the unopposed victory of Shahbaz Sharif from the PP-48, Bhakkar, and his candidature for the PP-10, Rawalpindi.

The objections raised against the candidature of Nawaz Sharif included that an Anti-Terrorism Court of Karachi, under section 402-B of the PPC read with section 7 of the ATA, had awarded him life imprisonment and a fine of Rs 500,000.

His conviction and sentence was upheld by an appellate court in a special criminal appeal. Besides, he was convicted by an accountability court, Attock Fort, in reference No 2 of 2002, decided on July 2007, under section 10 read with Section 9-A (V) of the NAB Ordinance and sentenced to rigorous imprisonment for 14 years and a fine of Rs 20 million.

The accountability court had also declared Nawaz Sharif disqualified for 21 years from seeking or being elected, chosen, appointed as member or representative of any public office or any authority.

According to the petitioners, convictions of the former prime minister were still intact because they had not been set aside by any court of law till date and it was a settled law that only sentence awarding punishment was pardoned, reprieved, remitted, suspended or commuted, but the conviction remained intact.

  • Do you agree with such decision against Nawaz Sharif?
  • what do you think about Nawaz Future in Pakistan`s Politics?
  • After Nawaz`s disqualification, will the Coalition with PPP remain stronger or not?
  • Reader Comments:

    I Dont Agree

    Decisions made by unfair, biased judiciary during Musharaf regime especially the farce of Accountability court, which was a very effective weapon in Musharaf's terrorist era, has no value what so ever. Now they talk about upholding the judiciary but they forget that it these decisions were not free and fair to begin with so to uphold the judicial decision would be to nullify these rulings, as they donot represent the truth

    Wajid Ali Shah, Pakistan - 24 June, 2008

    Justice is blind

    It is a straight forward case and equally obvious decision. Nawaz Sharif was convicted on various criminal charges and was sentenced. He was also charged and sentenced by anti-terrorist court. With his established criminal back ground, he was not eligible to contest and there was no relief like NRO available to him. Even his undertaking to remain out of country for at least 10 years was no honoured by him. Therefore, court was completely handicapped by prevailing circumstances and relevant rules to do what it did. Secondly, if the court had decided otherwise, it would have implicated Musharrf on a conspiracy charges to oust Nawaz Sharif's legal Government under fake and fabricaterd initiatives, calling for even sou motto action against him, who is now without any protection of uniform, or any NRO for that matter.

    What do you think about Nawaz Future in Pakistan's Politics?

    For the time being, he should quietly leave the scene and try to wait for better times in future. His struggle to get under the umbrella of Iftikhar Chaudhry could also have back-fired because, Iftikhar Chaudhry has to protect his new found stature of an ultimate hope of people for providing them quick and genuine justice, which makes him bound to go by rules of book much rigidly than ever before.

    After Nawaz`s disqualification, will the Coalition with PPP remain stronger or not?

    PPP and Nawaz League coalition is a marriage of convenience. The moment Nawaz loses his legal ground, he would have no ground to stand under the current coalition and impossible to continue working with his erstwhile arch rival who has already proved beyond doubts, his usual highly self oriented intents and rigidity of stance.

    M.Saeed, Pakistan - 24 June, 2008

    thanks god some one is really thinking

    i am so happy that the court have given a right Decision..... i pray every day to God plz get rid of these F. Politicians.

    amina, United Kingdom - 24 June, 2008

    Yes, no place for criminals

    Nawaz Sharif boasts so much to support judiciary, and now do not want to accept their decision of disqualification--what a hypocracy.

    Agha, United Kingdom - 25 June, 2008

    UK Lawyers Condemn Disqualification of Nawaz Sharif

    UK Lawyers Condemn Disqualification of Nawaz Sharif

    Association of Pakistani Lawyers a team of Pakistani origin lawyers, Solicitors, Barristers, Judges in UK jointly condemn disqualification of former Premier Mian Nawaz Sharif from contesting bye election from NA 123. APL have jointly rejected the 23 June 2008 decision of a larger bench of Lahore High Court comprising of Mr. Justice Abdul Shakoor Peracha, Syed Shabbar Raza Rizvi & Mr. Justice M Bilal, and declared it a negation of people's will and an extension of the achievements of PCO judges club which include legalizing the mini coup of 3rd November 207 in Iqbal Tikka Khan case, scrapping BA degree condition without Parliamentary approval, removing restriction on the announcement of Presidential election results, cleaning the officials who mal treated the Chief Justice in March 2007, keeping negligent quietness at the unlawful house arrest of their fellow judges for months and they never issued habeas corpus toeing the line of a dictator, allowing quick process on NRO despite public's anger and at last barring the former Premier to go to polls to seek public confidence. APL feels that this sort of decision never came from PCO judges when President was seeking re election in uniform.

    As a result, APL held an emergency session where it was expressed that this dual status and conflicting decisions of the courts support the national demand whereby people wish to see independent courts headed by justice Choudhary. The courts whose judgments are ridiculed and lack confidence of nation are bringing the very institution into disrepute whose clean judges remained under house arrest for months at the hands of general Musharraf as a result of 3rd November emergency.

    APL further believe that Election commission allowed Sharifs to contest election in 2002 and they further allowed him to contest in 2008, and High Court's interference is unjustified where Deputy A-G opposed the petitions and Mian Nawaz Sharif's party formed Govt in the Punjab and he is the second largest party in the Parliament. Judges ignored the remarks of General Jamshed Gulzar Kiyani about 'plane high jacking case' and it failed to take into account the latest US survey which has shown former premier the most popular leader of the country representing Federation carrying 86% votes in the survey. Thus this rejection seems unthoughtful and provocative which has hidden agenda to destabilize the system and curb the drive for rule of law, justice and military free democracy in Pakistan.

    APL demanded that 2 November judges must be restored at once as these decisions will create anarchy in the country and will act as a stumbling block towards progress, democracy and rule of law. APL noted the statements of PML(N leaders ) and the contents of the conversation ran on different TV channels where conspiracy of three elders was exposed to secure disqualification and passed a resolution rejecting the disqualification of Sharifs and APL sought interference of the parliament to fight for the rights of the public representatives and desired them to do the needful.

    APL also invited the jurists to form a committee and give their opinion in public about this decision to create awareness as these lower court decisions may create a rift and damage the Federation and democratic struggle.

    APL joins common man's voice which goes with the lawyers, media and judges community of Pakistan and we hope that it reaches to those rulers who make decision(s) to listen to it and act accordingly for rule of law, justice and supremacy of Constitution to save the federation and country from imminent dangers.

    Amjad Malik,

    amjad malik, Pakistan - 25 June, 2008

    Sharif's disqualification is total injustice since the decision was given by PCO judges. In my opinion, these PCO judges along with Musharraf, Sharif-ud-din Pirzada, PML(Q) members and all those who supported emergency rule must be tried on treason charges since they violated the SUPREME DOCUMENT, the CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN. Those who upheld the Constitution, they shouldgive verdict on Nawaz's eligibility, not these
    (PCO judges).

    Q. Khan, United Kingdom - 26 June, 2008

    Mockery of Court Jesters!

    Judiciary as set by Musharraf is a house full of 'Court Jesters'. Who perform their
    act to please the King and his court.

    Khalid Rahim, Canada - 26 June, 2008

    Use Spell Check

    To: Mr.Agha from United States

    First learn spelling of the word 'hypocricy' before you bad mouth Mr.Nawaz Sharif, who enjoys the highest popularity in Pakistan.

    Q. Khan, United Kingdom - 26 June, 2008

    Sorry, the correct spelling is 'hypocrisy'

    Q. Khan, Pakistan - 26 June, 2008

    Tit for Tat

    Nawaz is accusing President Musharraf for everything, and also say that he has restricted him to a room. what is correct, my dear nawaz think before talking, or have you gone out of sense by the decision of Court. You dont want to go to court, but giving instructions under table to lodge an appeal in Supreme Court. You'll not get what you want, go home and rest in peace. Leave Pakistanis alone, we do not need politicians like you, who only make billions of dollars when in power and shift all these out of Pakistan.

    Jaf, Oman - 28 June, 2008

    Fix the Problem

    People who Hatch Plots against democracy all along
    in the history of Pakistan
    like Prime suspect Shariuddin Pirzada must be put on trial and punish him severly as this person has always worked against the interest of the Country and its people.

    Sam, Canada - 29 June, 2008

    Right Decision taken

    I strongly feel that Pakistan High court made the right decision by disqualifying Mr.Nawaz Sharif who once attempt to murder General Musharaf. I Think he is a creminal and murderer that people supposely think of Musharaf. I wish Sharif be put to jail for trying to kill the General.

    Ningshen, Pakistan - 29 June, 2008

    why you want the most corrupt people back in power i dont understand. sharif is terrible and should never be in power again, hes a slippery slimey creature who is totally corrupt and people like him will just bleed pakistan dry.

    Jonster, Pakistan - 29 June, 2008

    Nawaz a trouble maker?

    Everyday Mr. Nawaz Sharif wake up, he is causing troubles for the people and the country. All he wants is power and more power. He is using the judges issue in order to manipulate in his favor. He should be tried.

    aj, Pakistan - 30 June, 2008

    Decision is right.

    Nawaz Sharif should be disqualified for life in politics including Asif Zardari. They are the corrupt people will always take advantage of power.

    Nawaz Sharif and Asif Zardari future is quite bright because majority of voting population is stupid. The majority will keep electing them again and again, they will be voting for their next generation without realizing that they are being used by them with empty slogans.

    Nawaz Sharifs and Asif Zardaris dynasties are strong.

    QB, Pakistan - 01 July, 2008

    From my point of view, Nawaz Swharif became 'na-ahal' as a politician, when despite having the president of the time, the parliament and the Punjab provincial government in his pocket, he was not able to curtail the one and only one stumbling blick in his way at that time ie the army chief. He mismanaged and lost. He is a 'NAAHEL'

    , Pakistan - 03 July, 2008

    Delayed but Right Decision

    He should be penalised for the contempt of Supreme court and his corruption in plundering the nations' money. He his cronys did the same again in the High Court which was done by his then MPs adn Ministers on 28 Nov 1997.It is a matter of shame for the lawyers who are still supporting. It is amazing there is no one who come forward honestly to uphold the truth. Shame on you Pakistani lawyers.

    Ahmed Shaheen, Aruba - 04 July, 2008

    Criminals are in Power

    It is shame that the stupid people of Pakistan again apointed ex criminals to become their leaders. President Musharaf should not have allowed the criminals returned to Pakistan. Now it is the time to put them in jail, and save Pakista.

    Ahmad ullah, Pakistan - 04 July, 2008

    Nawaz shrif and his brother

    I think they both should be hanged,and get rid of them.They both are criminals

    khan qureshi haq, United Kingdom - 04 July, 2008

    27th December2007

    the day when Benazir Butto Shaheed was killed,The same day 5 innocent of PML(n)were killed,They could not offer Fateha for them in Punjab Assembly,Matter of shame & sorrow because they want to become partners of Mafia to make money.

    Azad, Pakistan - 06 July, 2008

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