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 Fakhrudd
in 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.
Can someone please explain why these two crooks (Bhutto and Sharif) will be the main contenders. Isn’t there at least one populist maverick (no definitely not Imran Khan) who is bright and motivated to spearhead a genuine grassroots challenge? Why does Pakistan churn out the same old crooks?
I am not Pakistani but this site is awesome and I think Pakistani people deserve way better leadership.
Victory for Democracy? perhaps…..Victory for the Nation?….certainly not. Politicians previously given the helm of the country (in some cases twice) have pillaged and plundered it beyond any limit leaving the masses to suffer. The poor are getting poorer, the rich and resourceful are getting richer. The solution lies in getting rid of everyone from the current herd of politicians, bureaucrats and military big wigs and get the new breed in.
To all the dissenters!
OK, Sharifs are criminals, looters or whatever but are not they Pakistani? If so then don’t they have the right to come back? That is a simple question. The answer is yes or no. You may be a looter or criminal and if you are, you should be tried for that but you cannot be banned to enter the country. Plain and simple.
Congrtulations to those who wants democracy in Pakistan even the corrupt democracy. Ch Iftakhar is just doing the namak halali to the sharif brothers because their party helped him in his reinstatement.
So congratulations to those who thinks the judiciory is independent.
Right now anybody has any beef with the government please go to Supreme Court because all the judges are irking to give decisions against the government.
The kidnapping/highjacking case is dead since the sentence was remited by the president. My understanding is that the president has the power to remit a sentence but not to reinstate it.
The supreme court has justly ruled that no government can revoke the right of a citizen to live in his own country. But, it is also important that the supreme court takes suomo moto action against Sharif brothers for physically attacking the judiciary when they were in power so that it may not happen again. Sharif brothers should also clear themselves of the corruption charges filed against them. They also need to follow a more democratic set-up in their own party.
What wa fault of Sajjad shah? Will Nawaz will not attack SC in future if he dont like cheif justice. In latest book by Gohor ayub he has written that Nawaz discuss with Gohor Ayub, “Gohor tells me the way we can put this Sajad shah behind bars”?
May I ask a techical/legal question: Now that Mr. Sharif has been allowed to return, does he go straight to jail as he faces a lifetime sentence in prison for conspiracy to kidnap charges? Can someone explain?
Judiciary System should be independent and thats what we are watching these days.But why this Judiciary taking action now? why they were sleeping in past? it sounds like that CJ become personal rather than caring for judiciary system. But anyways whatever the reason behind this.. its good to see Politicans back home.. Though hopefully they will show good politics instead of become part of corrupted system & actually now media is playing vital role so its not easy for them to bluff people again.