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.
Sharif brothers should now be grateful and appreciate the independent judiciary. During their reign and with their approval, the Supreme Court was attacked by goons and the then honorable Chief Justice Syed Sajjad Ali Shah was sacked.
Only institution should be respected not personalities and we shall see if a lesson has been learned political leaders very soon. I am hoping for the best but expect that “kuttay ki dum so saal nulki mein rakhnay ke baad bhi tarhi ki tarhi rahti hai.”
More information on the other “deal:”
Charges
Nawaz Sharif’s government was deposed from office by General Pervez Musharraf, who later declared himself the Chief Executive of Pakistan, effective Prime Minister — as he did not dismiss the nation’s then President Muhammad Rafiq Tarar but became President later retiring Tarar forecefully. Sharif was convicted in absentia of hijacking and terrorism after he blocked Pervez Musharraf from landing his plane anywhere in Pakistan, in lieu of dismissing him from his COAS post. The Supreme Court of Pakistan under oath of PCO declared Musharraf
Kruman: thanks for your response. Was Mr. Sharif officially pardoned by the Executive? My understanding is that this was done on an unofficial platform, where Mr. Sharif was to remain outside the country for 10 years. If he is to return, does Mr. Musharraf need to maintain his end of the bargain?
I guess the main question is, was he officially pardoned?
Well one one hand Nawaz is less corrupt then BB but on other hand, he want to consolidate all power in PM office.
We need a democracy with check and balance. By removing check-and balance as Nawaz did last time, we will get absolute dictator; more then Zia, Ayub or Musharaf.
Ch Shujaat was the interior miniter at that time who ordered the storming, he is the PML president today.