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 responses to “Supreme Court: Nawaz Sharif Can Return to Pakistan”

  1. Kruman says:

    There is many a slip between the cup and the lip.

    The deal does not mean anything in itself (besides eroding PPP vote bank). What is quintessential is to secure a 2/3rds majority to pass an amendment removing the 2 year waiting limit (to allow Mush to contest the presidential election).

    I am not so sure that Q league will vote en masse on this amendment. I won’t be surprised if Ch Shujaat also walks out on Mush for dealing with his arch-enemy BB.

    My gut feeling is that Mush will not take off his uniform. A showdown between Mush and the civil society, headed by PMLN, lawyers is inevitable. Aitzaz Ahsan, I believe, thinks likewise. He stated in a recent interview that surviving september is going to be very tough for Musharraf.

  2. auk says:

    Ali Reza, Mush does not have a free hand to run the affairs of this country, no matter what his American friends wish. He had his time, and could have earned himself another 5 years if he had listened to the wishes of the people, instead of listening only to the Core Commanders, and his legal and constitutional aides. God does not like vanity, and this guy is vain, so much so that he refuses to listen to any reasonable person at all. Look at what happened to the couple of voices of dissent within the Q League (Ishaq Khakawani and Kabir Ali Wasti). I don’t know too many people who were against his takeover 8 years ago, but there is a limit to everything. As Kawa says, it is absolutely amazing to see the last scene of this play unraveling now. Mush is kicking and screaming, but he is not willing to let go. Most people with any dignity left in them would have left a while ago, but no, he does not know the meaning of the word. He is willing to turn the country upside down, as long as he can stay there. Yes, we Pakis want progress and prosperity, but not at the cost of our freedom. And freedom includes a choice to elect our leaders. It includes a chance to have a constitution and defend it.

  3. Viqar Minai says:

    “Does he have the 2/3rd vote if PPP votes for him?”.

    Given the current political situation, I wouldn’t count on it.
    With the deal with PPPP looking more and more imminent, there must be lots of disenchanted Q-Leagures. The stance of the Patriot PPP would also be a question mark. He may be in for a surprise.

    It is less clear to me what happens if he goes, instead, for an under-the-table understanding with BB whereby, without concluding a formal agreement with PPPP – thus hoodwinking the Q-League – he gets himself re-elected by the present assemblies (in uniform). He only needs a simple majority for this which, arguably, he could still muster.

    The day after his re-election, he announces publicly that he is stepping down as the COAS, say in Dec/07, nominates a successor, and also commits to seeking a fresh mandate for his Presidency from the new assemblies. Additionally, he announces across-the-board amnesty for all politicians and political workers and touts the need for national reconciliation.

    In this Machiavellian scenario, the wild card is, then, the PPPP. Will they resign from the present parliament and move the courts, or will they try to further build on his announced concessions in return for their acquiesance for this arrangement? For sure BB will still demand that the clause with the two term restriction on political leaders to be PM must be repealed. He could agree to it, provided the PPPP MNAs simultaneously vote for waiving the two-year requirement for him to stay out of politics after stepping down from his military post.

    If the PPPP agrees, then it could all be done still by the present assemblies and, yes, he will have the 2/3 votes to get all the amendments through. If the SC overrules him in this scenario, he will cry foul, claim that the court cannot ride roughshod over a 2/3 Parliamentary majority, and declare Martial Law.

    To serve Pakistan’s interest, the politicians must reject such any arrangement before has has access to a 2/3 vote majority. But will they? With potential prime ministership and freedom from all legal cases hers for the taking BB, in particular, would have a lot to lose by not going along.

    Who says politics in Pakistan can’t be fun …

  4. ali raza says:

    i guess some individuals want to be the head of welcoming party of both NAWAZ and BB both NATIONAL DESPOTS, as far as claims of “INNOCENT” PAKISTANI citizens being killed by THE TIN COMMANDO go where was this outrage when thousands if not more were extra judicially ethnically cleansed by likes of NASEER-ULLAH BABAR in the largest METRO of PAKISTAN, why all this outrage for individuals who are willingly harboring un-savory elements who would slit the THROATS of innocent civilans on a drop of a dime, give me a BREAK, the so called pakistani “DEMOCRATIC” parties are nothing but family buisnesses no political ideology what so ever to speak of, i guess PPPP has a SOCIALIST agenda for their own ilk only, PAKISTANI SOCIETY is neither CIVILIZED or EDUCATED enough to hold DEMOCRACY as a GUIDING PRINCIPLE, MUSHARAF no matter how bad is eons time better than BB & SHARIF combined ,,,,,,,,,nuff said

  5. KAWA1 says:

    auk
    As per today’s news, Mush has accepted the fact the NS is coming back… However his cronies who visited Shareef’s in London requested NS to DELAY HIS RETURN AFTER PRESIDENTIAL ELECTION and nothing would be done to hamper his arrival… provided it is after Presidential elections???

    Have you ever seen a General of Pak Army stoop so low to remain in power? not that I respect any general rank officer of Pak army but still this man is the limit….. Ha! Ha! it is so funny that I am actually enjoying his suffering now..

    Mush should stop now, accept the leadership of BB and play his cards with her. as long as BB becomes the PM, people of Pakistan will still accept that provided the power rests with BB.

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