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.
@Babar, agree with you completely, we somehow do not see hypocracy as a vice, not only do we have short memory, its selective memory aswell.
@ Adonis, I agree fully that courts decision is absolutely right as fundamental rights can be claimed at any time even if you have given them up. And ultimately it has to be ballot to decide the political matters. But I would diagree with your comparison. In this case NS himself got something in return so you cant say that he was robbed forcefuly of his rights. But still that agreement had no constitutional basis, so his rights are intact.
People of Pakistan do not have short memory. In fact they are capable of seeing things in their true perspective. With an independent judiciary and vibrant media, it will be difficult for anybody to be an autocrat.
The best way forward is to let the people decide.
True NS in his days tried to gag media and push around judiciary. But I believe we have come a long way since then. Even if NS is brought to power through free and fair vote, I believe he will find that he is not ruling as docile a Pakistan that he, BB or Musharraf expect.
The three acounts which the Sharif is nowadays sheding tears about that is free judicary, free press and constituion were all screwed by him to the unprecedented extent. He attacked the Supreme court, picked up and tortured editors of national level newspapers ( not your ordinary journalists like musharaf has occasionaly done) and tried to abolish the constitution altogether by his 15th amendment. Oh the hilarity of his statements nowadays. But people have a short memory :)