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. Aqil Sajjad says:

    Rehan and Faraz:
    The problem is that Musharraf, while claiming to bring accountability and intra-party democracy has himself not done much on these fronts. So whether we like it or not, for now at least, we are stuck with the likes of BB and NS.
    However, if you guys feel strongly about intra-party democracy and other reforms for improving the system and making it possible for other alternatives to emerge, then please consider supporting the following

    Democratizing the parties:
    HERE

    and

    Making elections meaningful:
    HERE

    Write letters etc to newspapers and media in support of such reforms so that space can be created to move away from personality politics dominated by a few politicians.

  2. MQ says:

    I sent the following letter to Omar R Quraishi’s paper about a week ago, which he published after ascertaining my name and address. Here it is:

    Sir,

    General Musharraf has launched his re-election campaign with the Chaudhries in attendance.

    We should count it as a great mercy that the prevailing interpretation of Islam in Pakistan does not allow making of human statues. If it did, the Chaudhries of Gujrat would have converted their sugar mills into factories churning out statues of General Musharraf, which would have adorned not only all the public places in Punjab but also the houses of most Q leaguers.

    General Musharraf, regardless of what he claims or what the Chaudhries say in his support, is now like an expired drug, which has stayed on the shelf for too long. It has lost its efficacy and its further use may even be harmful. Marketing it under a new label would be illegal.

  3. alibhae says:

    I think the court has been hasty. The original document will not be produced before court now. Who were the guarantors and what they think of the breach by Nawaz Sharif, we’ll never know. How much trust will they place in him, were he to come to power again, we can only guess.

    Musharraf is unlike any military dictator we have had. He is even softer in approach than Bhutto when he was dictator. Not since Ayub Khan has so much work been done on infrastructure in all parts of the country. Even if the political parties are able to remove him, he will soon be greatly missed by the people of Pakistan when the corrupt, inept, and vindictive ex-premiers come back. Term limits be damned, we beg them to ravage us again and again, just as long as they take turns.

  4. faraz says:

    Idependent citizen, Nawaz sharif was convicted in tax fraud also along with plane hijack drama. There were many other cases.

    I remember a news report from Karmran khan, which disclosed that all our big politicians were paying taxes in ten of thousands instead millions including Nawaz Sahrif. His son-in law was involved in pressing bank presidents to get loans for “itefaq foundry”. Nawaz jailed journalist who oppsed him. We all know Nawaz fight with “jang group of publications”. So even a pro government newspaper like Jang was not spared by Nawaz. Infact Nawaz was trying to becaome another dictator Bhutto.

    Problem is Pervaz like other millatry dictator is just interested in his own rule and he is strucking deals with all these corrupt politicians. Ideally all corrupt politicians should face punishments and we should get cleaner leadership. This should include generals as well.

  5. shez says:

    I never liked nawaz, a two time prime minister with a complex about how he looks…maybe he’ll get a tummy tuck next and star in lollywood movies opposite saima.

    anyways, i hope what the SC did was uphold the constitution, and that these decisions are not some sort of a vendetta against musharaf, that would be sad.

    and for musharaf, he’s been on the loosing side for too long now, but the good news for him is that his image is at rock bottom already.

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