ISLAMABAD: Announcing its verdict on petitions challenging a controversial amendment in Electoral Reforms Bill 2017, Supreme Court of Pakistan on Wednesday ruled that a disqualified person cannot lead a political party, ARY News reported.
The apex court judgement is being seen as another blow to the ruling Pakistan Muslim League-Nawaz (PML-N) as it was being led by former PM Nawaz Sharif despite a July 2017 verdict declaring him ineligible to hold public office under Article 62, 63 of the Constitution of Pakistan.
The three-member bench of Supreme Court , headed by Chief Justice of Pakistan (CJP) Mian Saqib Nisar also declared that all decisions taken by Nawaz as PML-N’s president stand null and void after today’s judgement.
“It is declared that any person who suffers from lack of qualification under Article 62 or disqualification under Article 63 of the Constitution is debarred from holding the position of ‘Party Head’ by whatever name called and prohibited from exercising any of the powers provided in Article 63-A of the Constitution, as ‘Party Head’ or any other power in the said capacity under any law, rule, regulation, statute, instrument or document of any political party,” reads the court verdict.
Court Verdict
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The verdict adds that all steps taken, orders passed, directions given and documents issued by Nawaz Sharif as party head after his disqualification in July last year are also declared to have never been taken, passed, given or issued in the eyes of the law.
The court also directed Election Commission of Pakistan to remove Nawaz Sharif’s name as President/Party Head of Pakistan Muslim League (N) from all relevant records.
Several petitioners moved the top court for an injunction against the controversial act, which paved the way for former Nawaz Sharif to become the president of ruling PML-N.
In September last year, Senate passed the Electoral Reforms Bill 2017 with a controversial amendment paving way for the former PM Nawaz Sharif to regain PML-N’s chairmanship.
The bill was passed by a house session chaired by chairman Raza Rabbani. Amendment suggested by Pakistan People’s Party (PPP) lawmaker Aitzaz Ahsan was rejected.
Aitzaz, along with other opposition lawmakers, wanted to amend clause 203 of the bill. The clause allows a person who is ineligible to become a member of the parliament to head a political party.
At least 241 clauses of the bill were approved after voting in the upper house. 37 votes were cast in favour of the amendment in clause 203 while 38 votes opposed the crucial amendment.
The bill was subsequently passed from National Assembly in October amid severe criticism from lawmakers belonging to opposition parties.
‘Court verdict not against Nawaz Sharif’
Commenting upon the decision and its effects, Pakistan People’s Party (PPP) leader Qamar Zaman Kaira said that the verdict is not against Nawaz Sharif but against an amendment done with malafide intentions.
“The amendment was against the basic principles and spirit of the Constitution and the court struck it down, so one can’t call it a Nawaz-specific decision,” said Kaira adding that he hopes Senate elections don’t get delayed as this is what PML-N wants.
He was of the view that a delay in Senate elections will only benefit PML-N as they want chaos.
Awami Muslim League chief Sheikh Rasheed, who was also one of the petitioners in the case, welcomed the verdict by terming it “a victory of the legal system.
“How can a disqualified person head a party which rules the country and issue directives to elected representatives, the amendment was against law and Constitution of Pakistan,” said Sheikh Rasheed.
‘Nawaz will remain PML-N chief’
While opposition leaders welcomed the decision, PML-N leaders were quick to reiterate that Nawaz Sharif will continue to lead PML-N and “no court judgement can stop the party from seeking guidance from Nawaz”.
“Nawaz Sharif is our leader and a court judgement can’t affect our will to seek guidance from him and struggle under his leadership,” Punjab Law Minister Rana Sanaullah told ARY News.
Sanaullah was of the view that he will be better equipped to comment upon the decision once the court issues a detailed judgement but thinks that such court judgments don’t have retrospective effect so Nawaz Sharif’s decision as PML-N head won’t be effected.
“Nawaz Sharif is and will remain PML-N chief,” PML-N MPA Hina Butt tweeted minutes after the verdict was announced.
پاکستان مسلم لیگ ن کے قائد نواز شریف تھے ، ہیں اور رہیں گے
— Hina Butt (@hinaparvezbutt) February 21, 2018
نااھلیاں جلاوطنیاں دھمکیاں الزامات سازشیں مقدمات سیاست کا دھارا بدل سکے نہ بدل سکیں گے انشاللّٰہ ۔۔۔ جو دل میں بس رھا ھے
حکومت اسی کی ھے pic.twitter.com/MChMOrNz9z— Khawaja Saad Rafique (@KhSaad_Rafique) February 21, 2018
