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SC raises four questions on disqualification of PM
* Court remarks it is not concerned if PM and interior minister are disqualified or if 50 MNAs are de-seated following verdict in the case * Ruling likely on 10th
By Amir Jalil BobraISLAMABAD: While hearing petitions seeking the disqualification of Prime Minister Nawaz Sharif on Wednesday the Supreme Court raised four questions and observed that its verdict would be according to the constitution.
The apex court sought the assistance of attorney general of Pakistan while resuming the hearing of the petitions. The apex court remarked that the prime minister’s fate would be decided according to the constitution. Acting Chief Justice of Pakistan Jawwad S Khawaja remarked that the court was not concerned if the prime minister and interior minister are disqualified or if 50 MNAs are de-seated following the verdict in the case. The three-member bench of the of the Supreme Court headed by Acting Chief Justice Justice Jawwad S Khawaja and comprising Justice Sarmad Jalal Osmani and Justice Mushir Alam heard the petition filed by Pakistan Tehreek-e-Insaf (PTI) leader Ishaq Khan Khakwani and PML-Q President Chaudhry Shujaat Hussain against PM Nawaz, stating that he allegedly made a misstatement during a joint session of parliament.
During the hearing, the apex court sought answers to four questions from the AGP. It asked him to explain what is the authorised forum to disqualify a member of parliament. Similarly, the top court asked which court is authorised to take up the issue if its is decided that the court will try such a matter. The court asked which procedure would be adopted to disqualify the PM and what kind of evidence will authorise the disqualification. Justice Sarmad Jalal Osmani remarked that a person convicted by the court would be considered disqualified and asked in which case had the incumbent prime minister been convicted, while adding that the National Assembly speaker had issued a ruling that the prime minister cannot be disqualified on such allegations.
He also asked where it is written in the constitution that a liar parliamentarian would be removed from the National Assembly. Justice Khawaja remarked that the top court would issue a ruling in the next hearing of the petition and adjourned the case till November 10. The lawyer representing Ishaq Khakwani objected to the presence of Jawwad S Khawaja on the bench hearing the case. The other petitioner, Chaudhry Shujaat, had also requested the apex court for the formulation of a larger bench for the hearing of the case. The petitioners had sought the disqualification of PM Nawaz Sharif under Article 62 of the constitution while quoting a statement regarding the role of army in negotiations with two protesting political parties – PTI and PAT. Similarly, during previous hearings of the case the top court had de-linked a third petition by Gohar Nawaz Sindhu, terming his allegations of political nature.
During the hearing Justice Khawaja warned whosoever degrades judiciary or army will be disqualified. “We will try that decision of this case comes on the next hearing. We are desirous of holding next hearing in the Supreme Court’s Quetta registry.” He observed, “We have nothing do with the disqualification of the prime minister or interior minister, as the court has to render judgement as per constitution no matter what its results are.” However, he noted that it has been resolved in the 18th Amendment that whosoever is not sadiq and ameen will not go to assemblies. He said the responsibility to ensure implementation of the constitution rests with the court. “It is not us but the constitution which is demanding that the elected representative should be sadiq and ameen. Members of parliament and officers should be honest.”Courtesy www.dailytimes.com.pk