Farah Adeed |
The Supreme Court of Pakistan has finally disqualified Mian Muhammad Nawaz Sharif, the third time elected Prime Minister of Pakistan. Nawaz Sharif landed in hot waters in 2015 when Panama Papers exposed many ‘leaders, criminals, celebrities’ of the world.
Read more: Nawaz’s disqualification: Will Pakistan descend into chaos?
A brief background of the Panama Case
Imran Khan, Chairman Pakistan Tehreek-i-Insaf and Nawaz’s nemesis, took up the issue and threatened the sitting Prime Minister to lock down the federal capital if an independent committee was not made to probe into the matter. Nawaz Sharif used almost all available forums like PTV (Official TV channel of Pakistan) and the floor of the Parliament where he claimed to be an honest politician and a son of a successful businessman and assured the nation that he had all the records with him to present them before the people or any commission.
Both Nawaz and Imran trusted the court and promised to accept whatever the court was about to decide. The court, later on, formed a Joint Investigation Team (JIT) to collect evidence in order to answer the 13 questions raised by three out of five judges of the Supreme Court. The JIT was given 60 days to complete its task.
Imran Khan did not listen to what the Prime Minister was repeatedly stating rather an angry Khan demanded an independent inquiry to ‘expose’ Nawaz and his family.
Finally, the Chief Justice of the country’s highest court took up the matter and formed a bench of five honorable judges to look into the matter in order to avoid any lockdown or street agitation in the country.
Both Nawaz and Imran trusted the court and promised to accept its decision. The court, later on, formed a Joint Investigation Team (JIT) to collect evidence in order to answer the 13 questions raised by three out of five judges of the Supreme Court. The JIT was given 60 days to complete its task.
Read more: Nawaz Sharif disqualified by Court: UK must act on Sharif’s assets
After 60 days, what the JIT presented before the court was; “respondent No. 1 [Nawaz Sharif], his dependents and benamidars own, possess and have acquired assets which are disproportionate to their known sources of income; that neither respondent No. 1 nor any of his dependents or benamidars before or during the course of investigation could account for these assets, therefore, he has become disqualified to be a Member of Parliament.”
It was also learnt that Nawaz Sharif did not completely disclose his assets and the Supreme Court held; “It is hereby declared that having failed to disclose his un-withdrawn receivables constituting assets from Capital FZE Jebel Ali, UAE in his nomination papers filed for the General Elections held in 2013 in terms of Section 12(2)(f) of the Representation of the People Act, 1976 (ROPA), and having furnished a false declaration under solemn affirmation respondent No. 1 Mian Muhammad Nawaz Sharif is not honest in terms of Section 99(f) of Const. Ps. No. 29-30/2016 & 03/2017. 24 ROPA and Article 62(1)(f) of the Constitution of the Islamic Republic of Pakistan, 1973 and therefore he is disqualified to be a Member of the Majlis-e-Shoora (Parliament)”.
As the court disqualified Nawaz Sharif, there are different arguments for and against the decision. Let us discuss each of the arguments in detail.
Read more: The next Prime Minister; a twin dilemma
One, liberal apologists
Once again Pakistan’s all powerful establishment has achieved what it wanted to; kicked out democratically elected Prime Minister from his office. It is establishment’s job to de-seat the civilians so that it could maintain its monopoly over everything in Pakistan. Nawaz Sharif is/was interested in normalizing things with India and wished to boost Pakistan’s economy. This is what Pakistan’s establishment is unwilling to accept. Therefore, Nawaz is out. Nawaz’s disqualification, hence, is establishment’s win. This is how democracy is disrupted under the cover of accountability.
Read more: The Uggar.. Mugger… Shuggar Crowd!
This is not an independently constructed argument rather an intellectual compulsion on the part of Pakistani liberals. Ironically, from the New York Times to the most prominent newspapers of India, all are observing, writing and spreading the same for various political ends. Pakistani liberals, masqueraded as scholars, always feel comfortable, or perhaps bound, to second what the western scholars observe about us.
Moreover, the Panama papers case was not the establishment’s conspiracy. Was it? Did establishment ask The International Consortium of Investigative Journalists to expose Nawaz? Did the establishment manufacture evidence against him? Did the establishment ask the PM to tell a lie before the nation? Did the establishment ask the PM family to submit false documents in the court?
Establishment’s role in our politics is simply undeniable. But things have drastically changed now. As a matter of fact, from Raheel Sharif’s extension to the matter of Dawn leaks, the helplessness of the establishment is a clear indication as to where they stand now. The establishment is definitely controlling Nawaz’s Indian policy but is Modi giving any chance to Nawaz to pacify our willful ‘boys’? Modi’s BJP is a party of Hindu-extremists having no soft corner for Pakistan, and perhaps for Muslims too. It will be foolish to solely blame the Pakistani establishment for the prevailing uneasiness and state of distrust between Pakistan and India.
Moreover, the Panama papers case was not the establishment’s conspiracy. Was it? Did establishment ask The International Consortium of Investigative Journalists to expose Nawaz? Did the establishment manufacture evidence against him? Did the establishment ask the PM to tell a lie before the nation? Did the establishment ask the PM family to submit false documents in the court?
The simple question is: what has Pakistani establishment done?
Perhaps it helped the JIT to collect the evidence, but not to create it. Is this really a bad thing?
For liberal apologists, the establishment is like an orphan boy of the village who is blamed, abused and beaten up without any formal or informal investigation for every bad thing in the village.
Read more: Aftermath of the Panama verdict
Two, proponents of Parliament’s supremacy
The Supreme Court of Pakistan is being supreme and will dictate all of us in the future. Civilians should not be questioned in the court. The court, they argue, has no right to de-seat an elected Prime Minister.
The Supreme Court has to supervise and ensure the enforcement of the Constitution. If the articles 62 and 63 are outdated, then it’s not the court’s task to delete them from the Constitution. It’s the job of the people’s representatives to take up the matter. The court has to follow what the Constitution says.
This explanation manifests nothing but one’s innocence. The election does not mean one is entitled to do whatever he/she wishes to. This is not the case. We all, including the law makers, are subject to the law. The law has to be obeyed by all.
The Supreme Court has to supervise and ensure the enforcement of the Constitution. If the articles 62 and 63 are outdated, then it’s not the court’s task to delete them from the Constitution. It’s the job of the people’s representatives to take up the matter. The court has to follow what the Constitution says.
If the Constitution does not allow a dishonest person to stay in the office, how can the court allow him to rule?
Read more: Number 363 for Khan!
Third, PNL-N’s lovers
Love is blind and when it involves politics it becomes violent too. Nawaz Sharif is the only honest, loyal and experienced politician to lead Pakistan. The court has broken our hearts and has done so wrong with Pakistan. This is deplorable.
As a matter of fact, the establishment has not conspired against Nawaz, the JIT only collected the evidence and did not manufacture it, the court did not make the constitution rather it only implemented it, and we, the people, did not ask Nawaz to tell a lie on the floor of the Parliament.
Lovers have their own theories and practice them in some utterly novel ways without being embarrassed. So are Nawaz’s lovers in Lahore and Faisalabad. Let them experience and enjoy the thing we call ‘love’.
As a matter of fact, the establishment has not conspired against Nawaz, the JIT only collected the evidence and did not manufacture it, the court did not make the constitution rather it only implemented it, and we, the people, did not ask Nawaz to tell lies on the floor of the Parliament.
The interesting question raised by many of my friends is; is there a single politician in Pakistan who is Sadiq and Amin?
Okay, let’s say; NO. So what?
Read more: Panamagate verdict: what just happened?
The court should not have disqualified the PM.
Why?
The court’s duty is to ensure the implementation of the Constitution not to change/alter it.
If the articles 62 and 63 of the constitutions are not be followed, delete them from the Constitution. Don’t’ expect to form the apex court to ignore them.
Long live Pakistan!
The writer is a political analyst. The views expressed in this article are author’s own. It does not reflect Global Village Space Editorial policy.