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Supreme Court: Nawaz Sharif Can Return to Pakistan

Posted on August 23, 2007
Filed Under >Adil Najam, Law & Justice, People, Politics
128 Comments
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Adil Najam

In yet another historic decision, the Supreme Court of Pakistan has decided that former Pakistan Prime Minister Nawaz Sharif, exiled by Gen. Musharaf, can return to Pakistan. According to The News:

The Supreme Court of Pakistan in a landmark verdict on constitutional petitions of Mian Nawaz Sharif and his brother Mian Shahbaz Sharif, Thursday announced that Sharif Brothers are Pakistanis and can return home and participate in the national politics. The seven-member larger bench of the apex court, led by Chief Justice Justice Iftikhar Muhammad Chaudhry, in a brief judgment said that under Article-15 of the constitution, the petitioners are citizens of Pakistan and therefore their petition is hearable. According to the Supreme Court’s decision, under Article 3 of the constitution no citizen of the country can be kept outside the country and cannot be stopped from his or her return to home.


The document presented by the government on previous day has no constitutional position. Senior lawyer Fakhruddin G. Ibrahim appeared before the court in the case on behalf of Sharif Brothers. Attorney-General Malik Qayyum, Ahmed Raza Kasuri and Ibrahim Satti were the counsels of the federation. Reacting on the decision, Hamza Shahbaz, son of Nawaz Sharif, talking with Geo News said that the Supreme Court’s decision is the victory of Nawaz Sharif’s eight-year stand. During these eight years, Sharif Brothers have spent very hard time. He said that this decision is not the victory of any individual but of Pakistan.
The Pakistan Muslim League (N) has welcomed the verdict announced by the larger bench of the Supreme Court. Leader of party Chaudhry Nisar Ali Khan said that a delegation of his party would soon go to London to determine the procedure of the Sharif Brothers’ returning home. Immediate after the decision, people seemed very enthusiast outside the Supreme Court and thousands of PML (N) workers chanted slogans.

The Supreme Court of Pakistan has, once again, rendered a decision that has not just created a buzz but effectively changed the entire political landscape of Pakistan. The big news here is the potential return of Nawaz Sharif but the continuing big news is that the institutional reincarnation of the Supreme Court of Pakistan which has become which has effectively become what it was meant to be. The final arbiter of constitutional sheninigans by political forces.

This means that unless extraordinary measures are taken by the government, we could be set for a real political showdown in the next elections. What this does to PML(Q) – or for that matter to PML (N) as well as other parties – is to be seen. But heads will already be spinning about which karwatt this oont will eventually settle.

It is also interesting that while all the deal-talk went on between Benazir Bhutto and Pervaiz Musharraf, Nawaz Sharif’s political capital might actually have been expanding. Even if he had stuck to principal just because he could not do otherwise, there are many who have actually found his stand to be ‘principled’ and it is likely that between that and this decision, his political capital has in fact increased… at least in the short term. What remains to be seen is whether he and his party will be able to politically capitalize on this; and how.

128 comments posted

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  1. faraz says:
    August 23rd, 2007 10:46 am

    Independent citizen. I beleive in rule of law and think that all corrupt and murderer politicians should be under bar and should face punishments. It includes PPP,PML,MQM and others.

    I dont support swiss wolf to get into power again.

  2. PatExpat says:
    August 23rd, 2007 10:40 am

    When Musharraf decides to share the bed with Benazir by dropping off all cases of corruption, you guys become silent.

    When justice prevails and rights of a citizen are restored, you start harping the tune of slaves that Musharraf is our savior.

    If the nation overwhelmingly votes of Nawaz Sharif, who are you and I sitting from our drawing rooms never setting a foot outside to vote to make a noise.

    Grow up and learn to live with your choices and the choices of your compatriots. Just because they are not educated from your elite schools does not mean they are lesser educated.

    If you want a prime minister from a democratic party with a system of decision making etc., select Qazi Hussain Ahmed of Jamat-e-Islami without a doubt the most democratic party in the country.

    So becareful what you ask for.

  3. August 23rd, 2007 10:39 am

    Faraz

    I am not with Nawaz Sharif but let me clear you, the decision made by SC is in accordance with constitution. Honestly speaking every one in this country is corrupt in one manner or other.

    If criminals (convicted murderers, convicted fraudia’s etc) can become Governer, minister, state minister then i think Nawaz Sharif has every right to land in land of pure.

  4. August 23rd, 2007 10:33 am

    It is fundamental decision in the favor of human rights…Justice always create balanced society

    But the point to worry is the statement of Sherafgan ( Old lota) Niazi who is speaking bigger words against the supreme court on Capital talk

    My mind is creating alarms about the intentions of power bloc. It is clear that govt cant move against judiciary, but they are thinking of something big which will definately result in crisis!

    I pray that this may be a wrong perception but my gut feeling is that something wrong is going to happen……..

  5. faraz says:
    August 23rd, 2007 10:29 am

    I agree with Rehan. Last time this Gunja was was going declaring himself “supreme mullah” of pakistan and it was upto senete to approve it.

    I support SC but only time will tell that if SC is really asserting it or there is something else going on too(in addition). In past supreme court never stood by prime ministers of small provinces.

  6. Rehan says:
    August 23rd, 2007 10:19 am

    Well my dear friends, for a long time now, many of you have been clamoring for the end of military dictatorship. This includes the leaders of the opposition parties. However, I have long felt that the removal of one military dictator will only cede ground to a civilian dictator; that is, without true democracy in our political parties, no good will come from Musharraf’s demise.

    Indeed, today is a black day for Pakistan. Mr. Sharif (and one presumes Ms. Bhutto), one of the most corrupt politicians in modern history, will return to contest elections and will probably win. Who doubts their ineptitude and corruption will not result in more disaster?

    We’ve made our bed, now let’s lay in it.

  7. Israr says:
    August 23rd, 2007 10:17 am

    It is Landmark in th sense that the supreme court continues to show Independence, but who would come to rescue the Sharifs if the Guns ( military ) once again come to arrest them on charges now reinstated. I have not heard fro Aitzaaz Ahsan since the Reinstatment of the Chief Justice. Any one knows what the lawyers are thinking or planning. Can any one post as to what grounds this cartoon character Malik Qayyum and others were arguing ………. Legal . It is a shame that such basic fundamentals have to be explained by the SUPRME COURT , my 11 year daughter explains this rights better.May be the Attorney general of the country ought to explain ” is he the guardian of the government or the constitution”.

  8. PatExpat says:
    August 23rd, 2007 9:59 am

    Rightly said

    ….but the continuing big news is that the institutional reincarnation of the Supreme Court of Pakistan which has become which has effectively become what it was meant to be. The final arbiter of constitutional sheninigans by political forces.

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