Former Prime Minister Nawaz Sharif is all set to return to parliament, after nearly ten years ,when the Supreme Court on Tuesday overturned its own verdict of February this year which had barred the Sharif brothers from contesting elections.
‘The June 23, 2008 judgment of Lahore High Court and of February 25 order of this Court are ex-parte on account of which certain factual aspect and legal provisions were not brought to the notice of the court and therefore were not considered, leading to a miscarriage of justice which has been found by us to be errors apparent on the face of record warranting review,’ a five-judge bench ruled in a unanimous judgment in a packed courtroom.
Two of the judges in the bench namely Justice Mohammad Moosa K Leghari and Justice Sheikh Hakim Ali had disqualified the Sharif brothers from holding any public office and contesting elections on February 25 before the restoration of pre-emergency judiciary.
As a result Shahbaz Sharif lost his position as Punjab chief minister but was handed back the office by the Supreme Court on March 31 when it suspended its own judgment of disqualifying him on a review petition of the case.
The five-judge bench consists of Justice Tassaduq Hussain Jillani, Justice Nasir-ul-Mulk, Justice Mohammad Moosa K Leghari, Justice Sheikh Hakim Ali and Justice Ghulam Rabbani.
Tuesday’s ruling means that twice elected Prime Minister Nawaz Sharif is free to contest in a by-election from constituency NA-123 Lahore from where his nomination papers were accepted earlier by the Returning Officer on May 5, 2008.
Secretary Election Commission Kanwar Mohammad Dilshad told Dawn that the election schedule from the constituency will be announced soon.
PML-N sources believe that Nawaz Sharif may also contest a by-election from NA-55 Rawalpindi, a seat fallen vacant after the resignation of Haji Pervez Khan.
‘The previous verdict was not accepted by people. Today’s verdict has been accepted by the majority of the nation,’ Sharif told a press conference.
‘States and countries prosper on the basis of justice and fair play. We want the rule of law and I salute the Pakistani nation as they secured the independence of the judiciary through their own struggle.’
‘This is a victory of justice and truth,’ central PML(N) leader Javed Hashmi said soon after the announcement of Tuesday’s short order adding it was a day of jubilation for the entire nation.
Party’s Information Secretary Ahsan Iqbal was of the view that the judgment would strengthen democracy.
Authored by Justice Jillani, the short order acknowledged that one of the onerous functions of the Supreme Court was to protect the constitution and to sustain democracy.
‘Democracy is not merely holding of periodical elections or of governance by legislative majority. It is a multi-dimensional politico-moral concept epitomizing the abiding values of equality, human dignity, tolerance, enjoyment of fundamental rights and due process of law,’ the ruling held.
Source Dawn and Geo News
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