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.
What’s clear from some of the messages showing a severe heart burn over the court’s decision to let NS come back is that some of us would like the courts to rule against NS on every case regardless of its merits.
The issue in this particular petition was simple. Can a citizen, under the law, be prevented from entering Pakistan? If not, should the courts have ruled differently?
As for the corruption of NS, those cases should be brought to the courts. If there is evidence, and the judges still rule in his favour, then we can criticize them as much as we want.
The same goes for BB. Her corruption cases should be taken up in courts and the ruling should be accepted by everyone, including her own jialas (in the event of a conviction).
There is no need for any special concessions or dis-favours for anyone.
It is now pretty obvious that CJP has personal issues with Mush and talking decisions based on that. Who is keep eye on the Supreme court?
Plus why didnt CJP showed up on flag raising on 14th August? Is his ego above Pakistan? They r acting like they r in High School…
What I read now on this forum is the same old “hate politicians” jargon, which had run its course over the last 60 years and I don’t think would be able to test the tests of time in the next 60.
When people talk of “corruption” by BB and NS they totally forget about the real corruption of the military, which has infact the dubious distinction of institutionalizing corruption, thanks to DHAs, Okara Military Farm and its likes, Fauji Foundation, Shaheen Foundation, AWT, Bahria Foundation and what not. If this is not corruption then what is? They are beyond any accountability for all their corruption. Which Army in the world runs bakeries and develops real estate for the officer cadre while denying it to the ordinary citizens to live respectable lives. Perhaps the Burmese Army but do we want to be like them?
Nawaz Sharif should return at the earliest to hasten the fall of the bunch of the IDIOTS what we call the Army.
Well..this comment is for all those who are saying that all politicians are corrupt…blah blah….I AGREE they are but I am sure the worst politicians( Bibi, Fazl-ur Rehman) are better than an army General. Whetever any politician does , he/she has to pay for (in part of) or fully or even sometimes more. The history of pakistan tells us that everypolitician paid something(Was either jailed, exiled or hanged). Can any of the ANTI DEMOCRATS tell me any incidence where a general was called to a court or penalised for his blunders/misdeeds. Here in Pakistan a person who was charged(Yahya in Humood ur Rehman Report) was buried with full honors. They are considered above the law (they are beyond the jurisdiction of NAB). I want politicians because they are like me…they CAN be punished if they go wrong -they are answerable somehow or the other.
none taken