News Analysis |
An application submitted by the Pakistan Awami Tehreek (PAT) and Advocate Makhdoom Muhammad Niaz Inqilabi to the Election Commission of Pakistan (ECP) has requested that the Pakistan Muslim League-Nawaz (PML-N) be de-notified, arguing that a “party cannot remain registered in the name of a disqualified person”.
The applicants have also mentioned that Nawaz Sharif despite being disqualified by the Supreme Court (SC) is using the platform of the party to get engaged with people. “Nawaz Sharif is,” read the application, “incessantly presiding over political gatherings from the PML-N platform”. Furthermore, he continues to even hold and preside over party meetings often held in the auspices of the Punjab House, a government owned property.
Party leaders and opposition political leaders have been of the view that Nawaz should not play the politics of confrontation and fight on legal grounds.
The plea further mentioned that the SC has made it clear that a disqualified person cannot lead a political party so the ECP should de-notify the PML-N. It reads as “thereby, the ECP must de-notify PML-N until the Supreme Court’s decision of July 28, 2017, is suspended following a review appeal. Until the decision is not suspended, PML-N cannot remain enrolled at the ECP”.
Read more: Nawaz Sharif disqualified once again!
Nawaz Sharif’s removal as the party head:
The SC ruled on February 21, 2018 that an individual disqualified under Articles 62 and 63 of the Constitution cannot head a political party. A bench headed by Chief Justice of Pakistan (CJP) Mian Saqib Nisar gave the verdict in response to 17 petitions challenging the controversial Election Act 2017. The Act was passed to pave way for Nawaz Sharif after his disqualification in Panamagate case.
It further ruled that “all steps taken, orders passed, directions given and documents issued” by Sharif since his disqualification last year will be deemed to have been nullified.
The court has declared Section 203 of the Elections Act null and void, and also directed the Election Commission of Pakistan (ECP) to remove Nawaz Sharif as president of the PML-N.
Nawaz Sharif disqualified in Panamagate Scandal:
The SC on July 28, 2017 disqualified Nawaz Sharif for not being honest and truthful. The court stated that “it is hereby declared that having failed to disclose his un-withdrawn receivables constituting assets from Capital FZE Jebel Ali, UAE in his nomination papers filed for the General Elections held in 2013 in terms of Section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 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)”.
The bench further said that on the basis of this information collected by the Joint Investigation Team (JIT), cases would be opened against Finance Minister Ishaq Dar; MNA Captain Muhammad Safdar; Maryam, Hassan and Hussain Nawaz and the ousted premier Nawaz Sharif.
Read more: Disqualified Nawaz Sharif’s road journey to Lahore-Part 2
Nawaz Sharif’s politics after his disqualification and removal as the party head
Disqualified Nawaz Sharif decided to launch a verbal war against the judiciary. Many of the PML-N leaders made derogatory remarks against the court, and also openly threatened the honorable judges and their families. Party leaders and opposition political leaders have been of the view that Nawaz should not play the politics of confrontation and fight on legal grounds.
The court has declared Section 203 of the Elections Act null and void, and also directed the Election Commission of Pakistan (ECP) to remove Nawaz Sharif as president of the PML-N.
Nawaz Sharif and his team are maligning the judiciary for an undue intervention in the political process. Judiciary’s involvement, argue the PML-N leadership, will weaken the democratic forces in Pakistan, and will help ‘hidden’ hands to get strengthened.
Indian Supreme Court Case on disqualification.
A recent decision at the Indian Supreme Court, in a landmark judgment of February 16, 2018, in Lok Prahari vs Union of India barred any convicted person to vote or participate in polls or even continue in office either as a legislator or parliamentarian. It also ordered necessary amendments in Form 26 of Rule 4A of the Conduct of Elections Rules of 1961 requiring candidates to declare on affidavit theirs’ as well as their associates’ sources of income. The critics of the judgment of the SC must read the order of the Indian SC. It particularly says: “This Court in Union of India vs Association for Democratic Reforms & Another, (2002) 5 SCC 294, opined that ‘voter speaks out or expresses by casting vote’ and such a speech is part of the fundamental right under Article 19 (1) (a)… Subsequent to the said judgment, Parliament chose to amend the Representation of People’s Act 1951 by introducing Section 33A.
The SC on July 28, 2017 disqualified Nawaz Sharif for not being honest and truthful.
Parliament provided for the disclosure of certain limited information regarding criminal antecedents of the candidate… at an election, but not of all the information as directed by this Court of the above mentioned judgement (regarding educational qualifications, liabilities towards any public financial institutions and assets of the candidates and their dependents)… This court (in PUCL vs UOI, (2002) 4 SCC 399) held section 33B (of the Act of 1951) to be beyond the legislative competence of the Parliament. This Court recorded that Section 33A fails to ensure complete compliance with the directions issued by this Court in ADR case.”
Read more: Who will become the next chief of PML-N?
In a meeting held today at the PML-N CEC is to decide officially who will lead the party. It is expected that Shahbaz Sharif, Nawaz’s younger brother and Chief Minister of Punjab, is likely to head the party. Although, it is felt that Shahbaz is also coming under pressure; both from the arrest of Ahad Cheema and petition to revive the Hudabaiya case.