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.
As mentioned in post the real important thing is the institiution. It does not matter if NS is good or bad, but the question is whether stopping him from returning was legal. That is all that SC had to decide. I hope they will set more tradition of independence both for and against govt but always fair
BB, Nawaz, Altaf, Mush, CJP … all are irrelevant. The only objective measure of being on the road to redemption (finally) will be the growth of independent institutions, and durable egalitarianism and rule of law and justice for all, not just for my favorites.
The reason many are not dancing in the streets is that it is all a bit too premature. The SC has yet to demonstrate that it can continue to hold on to its independence and to the widespread expectation of committment to justice. At present there is simply not enough on the table to conclusively prove that the CJP is not simply doing all this to spite Musharraf.
All this is not to dispute that the only sleaze that matters is that of Altaf Hussain, and the only citizens of Pakistan with inalienable rights are the Sharifs. It is obvious that many of us would not mind if Pakistan goes back to the dogs, as long as the SC can take appropriate suo moto notice and nail Pir Sahib Londonwala. That would be the crowning achievement for eternity for this nation (or a major part of it anyway); then we can all go home.
Pakistan ?abad!!!
I don’t know why all the self proclaimed moderates and liberals are crying over the judgement and reading too much into it. The simple judgement is that “No citizen can be not allowed to return to his country”. What if the decision had been otherwise. It would have given any ruler a right to send any citizen outside and set a precedent.
Secondly, the decision had nothing to do with politics. It was just upholding of the constitution. We should be proud of ourselves that finally had judiciary shown some spine.
Thirdly, the unintentional consequences that Musharraf did not foresee when he allowed numerous TV channels i.e., independent media and independent judiciary will ensure that the future leaders don’t take the citizens for a ride.
Fourthly, what is required most is that if such a situation arises in the future where any ruler tries to gag the media, judiciary etc., rest of us should make ourselves heard by taking out a movement similar to lawyers and not sit in our drawing rooms adding our posts to the blogs only. We keep sitting in our dens and hope that things change for themselves.
I, for one, had given up on the politics of the country. But now I am optimistic. People are becoming aware of their rights. There is energy running through society. I am excited about the future.
Crimson,
I am not fixated on individuals and personalities. I am more interested in seeing stong, vibrant civil institutions in the country.
Pakistan civil society has changed since March 9th. The people will not tolerate another corrupt tyrant.
“Pakistan has simply outgrown the era of military and civilian dictatorships.”
Tanveer Ahmad Khan.
Pindiwalla,
No ones is sayng that the CJ is an elected official. All I was saying is that he is the most popular elected or non-elected person in Pakistan since the Quaid! That is a fact,whether you like it or not.
I met a PPP MPA who has been a PPP member for the last 30 years. The day after May 5th rally from ISB to Lahore that took 26 hours, this PPP MPA said that CJP is the greatest leader since the Quaid. She said that BB can go to hell, for us workers the country comes first and then the party.
I only brought this up (CJP’s popularity) because people don’t see the changed dynamics in Pakistan, with the most powerful CJP ever running the SC. Hence any new civilian leadership will have “judicial oversight”. The latter is not the right word, but I can’t think of a better word right now.
Adnan Siddiqi
I agree, the time has come to reopen cases against Altaf Hussain for killing of Azeem Tariq,Khalid Bin Waleed and several Karachiites including the murders that were committed on his behest on May 12th.
The protection cover he got from Musharraf for last 8 years is almost over and that is why our brother Imran Farooq is so upset when he sees Musharraf fading from power.. They understand very well what the future holds for them without Mush!
Whether it be BB or Nawaz, one thing is sure that no one will get blackmailed by MQM anymore. May 12th exposed this party to every person may it be women, children or adults of Pakistan. You need to see the U.S Homeland security website and see what they write about this party… It is therefore not possible for Altaf Bhai to cry wolf anymore…
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.
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PatExpat: This is what I call the “spin doctrine”. Some examples of writers on this blog;
“I am against Army rule, but what choice do we have….”
“I for one am pro-democracy but alas, we can’t accept BB or Nawaz”
“I am against what MQM did on May 12th but am confused if they really had a part in it….”
“I don’t support Altaf but he is a popular leader and has the support of masses so who am I to say anything…..”
“I am for free judiciary but …….”
and so on…..
Rejoice the day offer nafal that finally the judiciary is free.. Tomorrow will be a better day and hopefully the politicians understand also that times have changed and follow rules…
BB,NAWAZ,IMRAN KHAN or mushy they are pictured equally tyranic and angelic by the participants here.
Mush may be good and he might have done a load of good to country but whoever it is my point is that people of pakistan should be given the right to choose their own government. martial dictator may have excellent performance but his route to power disqualify him for governing over people.
Let the people of pakistan choose their favorite in free fair elections, be it BB, nawaz, ch. ifftakhar or some one else. We may be wrong in electing a govt this time but an uniterrupted sifting of leaders will not keep us from a good democratic effective govt of the people, by the people, and for people for long.
Excuse me, this is our turn. let us choose and mush + ch. ifftakhar are welcome to contest too provided they shed their uniform and public office.