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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

Comment Pages: « 16 15 14 13 12 [11] 10 9 8 7 61 » Show All

  1. PatExpat says:
    August 25th, 2007 7:27 am

    Babar,

    If you really want democrats, the I don’t believe even PPP comes close. With the current deal with Musharraf they have already distanced a lot of their sympathisers calling themselves and progressives and pro-democracy and then making a deal with Musharraf through the backdoor.

    If you really want to vote for democrats, vote for Jamat-e-Islami because ironically they are the only ones who have a democratic setup within as well as a decision making structure. Also PML(Functional) also recently re-elected Pir Pagara unanimously as President of the party for another term.

    All these progressives PPP, MQM, ANP, PML(A,B,C to X,Y,Z) etc are all personal parties.

    We have a long way to go but we are getting there.

  2. Shafique says:
    August 25th, 2007 6:59 am

    Rascals out

  3. Babar says:
    August 25th, 2007 5:08 am

    @Shez You are right bro/sis. Thats why , though being strictly agaisnt 62/63 and judging people by their sexual adventures, am all for a reference against Imran Khan. How dare he boycott the vote for the ammendment to Hadood ordinace? He wants to keep poor women in jails in the name of chastity and for himslef he calls it a personal matter? It puts me off when I dont see even a single person in Pakistani media asking him this question. It seems as long as the maulvis dont call you a zani, it doesnt matter.

  4. Babar says:
    August 25th, 2007 4:39 am

    @ King_Faisal I very well know that courts and urdu media have always been active in favor of NS and in opposition of PPP. Thanks for reminding this to others too. Also courts and media were relatively free during PPP era. BB may be corrupt in money matters, but Nawaz belonged to a totaly different league. Ofcourse it has to do with the forces he represents. Sometimes I just wonder at the political intelligence of our educated class who put Nawaz and PPP in the same bracket. They repreasent two totally different classes.
    Just to be clear, I dont have any sympathies for BB, and actualy I am done with the concept of big leaders anyway. But PPP is a genuine political party and the only progressive force which is at the same time is reasonably popular. It may not suit you and me , but for the working class it still is an ally with some kind of power and a helping hand in organizing them for their own rights. Get some sense of the political realities . A progressive in US may hate democrates for certain reasons but is forced to ally with them in election.
    How I wish the so called educated class of Pakistan also had some political sense like its poor have. But may be it does not suit them to have it. :)

  5. Babar says:
    August 25th, 2007 4:22 am

    @Adonis
    What if you get to take your money , your life and also a palace :) Infact Nawaz himslef said in his very first interview that this deal was a “Rahmat” and if I could get out of jail because of the blessings of Saudi friends then why not.

  6. dawa-i-dil says:
    August 25th, 2007 3:07 am

    SC gave an excellent decison…

    NS is not angel..but far far better han the angels of Swiss banks…

  7. Kruman says:
    August 24th, 2007 8:25 pm

    Aqil,
    My personal opinion is that the threats of martial law were hollow. You need to understand the psyche of generals who usurp power. They are bullies and cowards who will suppress a population that will not stand up to them. Since march 9th Pakistani civil society has come to life, they will not be bullied any more. The generals and the intelligence agencies can see the writing on the wall.

  8. Kruman says:
    August 24th, 2007 8:20 pm

    Viqar,
    Imposition of martial law is subversion of the constitution (article 6) and a violation of the oath (taken by army officers) which is written in the constitution of Pakistan, article 244:

    Article 6. High treason.
    (1) Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason.
    (2) Any person aiding or abetting the acts mentioned in clause (1) shall likewise be guilty of high treason.

    Article 244 – Oath of Office taken by Members Of The Armed Forces:
    “I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan and uphold the Constitution of the Islamic Republic of Pakistan which embodies the will of the people, that I will not engage myself in any political activities whatsoever and that I will honestly and faithfully serve Pakistan in the Pakistan Army (or Navy or Air Force) as required by and under the law.”

Comment Pages: « 16 15 14 13 12 [11] 10 9 8 7 61 » Show All



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