SC allows Sharifs to contest polls

SC allows Sharifs to contest polls
Updated at: 2044 PST, Tuesday, May 26, 2009 ISLAMABAD: The Supreme Court on Tuesday set aside the judgments of the Lahore High Court and Supreme Court and allowed PML-N Chief Mian Mohammad Nawaz Sharif and Punjab Chief Minister Mian Mohammad Shahbaz Sharif to contest elections.The larger bench headed by Justice Tassadaq Hussain Jilani and comprising Justice Nasir ul Mulk, Justice Mohammad Musa K. Leghari, Justice Shaikh Hakim Ali and Justice Ghulam Rabbani heard proceedings.Head of bench announcing the verdict in a short order said that the review petitions filed by Nawaz Sharif and civil review petitions filed by Shahbaz Sharif and criminal review petition filed by Javed Mehmood are allowed while all the remaining civil review petitions and civil miscellaneous applications are not maintainable and are disposed of.Consequently the judgments of the Lahore High Court of June 23, 2008 and of the Supreme Court under review on February 25, last are set aside and the order of the Returning Officer accepting nomination papers of the petitioner Mian Mohammad Nawaz Sharif and Mian Mohammad Shahbaz Sharif on May 16, 2008 are restored, Justice Jillani announced.He said that the mandate of Article 225 of the Constitution has not been appreciated in the context of the instant cases. The Article places a bar to challenge an election dispute except through an election petition under the law i.e. the Representation of People’s Act 1976.In exceptional circumstances, however, the qualification or disqualification of a candidate can be challenged under Article 199 of the Constitution provided the order passed during the election process is patently illegal, the law has not provided any remedy either before or after the elections; and the alleged disqualification is floating on record requiring no probe and enquiry, he said.In the cases in hand, Justice Jilani said the issues of unpaid loans, of court contempt and of filing false affidavit were disputed questions of fact which could not have been adjudicated upon in the proceedings under Article 199 of the Constitution and even the material placed before the Court was not sufficient to render the impugned findings. He said the `Presidential Pardon', in the case of Mian Muhammad Nawaz Sharif stood admitted by the Federation of Pakistan through the statement made by the Deputy Attorney General before the High Court, before this Court during the hearing of the main petition and in the instant review petition and even by the Attorney General who appeared in these review proceedings.Justice Jilani said to allege that it was conditional or qualified pardon required deeper probe that exercise entailed factual enquiry. The courtroom was jam packed by lawyers, PML-N leadership including Makhdoom Javed Hashmi, Ahsan Iqbal, MNAs Anjum Aqeel, Dr. Fazal Tariq Chaudry, Anoosha Rehman Advocate and large number of political workers and media persons.When the short order was announced the jubilant workers of PML-N gathered at premises of the Supreme Court and started raising slogans in favor of party and Sharif brothers. Sweets were also distributed on the occasion.

Tuesday, May 26, 2009 ISLAMABAD: The Supreme Court on Tuesday set aside the judgments of the Lahore High Court and Supreme Court and allowed PML-N Chief Mian Mohammad Nawaz Sharif and Punjab Chief Minister Mian Mohammad Shahbaz Sharif to contest elections.The larger bench headed by Justice Tassadaq Hussain Jilani and comprising Justice Nasir ul Mulk, Justice Mohammad Musa K. Leghari, Justice Shaikh Hakim Ali and Justice Ghulam Rabbani heard proceedings.Head of bench announcing the verdict in a short order said that the review petitions filed by Nawaz Sharif and civil review petitions filed by Shahbaz Sharif and criminal review petition filed by Javed Mehmood are allowed while all the remaining civil review petitions and civil miscellaneous applications are not maintainable and are disposed of.Consequently the judgments of the Lahore High Court of June 23, 2008 and of the Supreme Court under review on February 25, last are set aside and the order of the Returning Officer accepting nomination papers of the petitioner Mian Mohammad Nawaz Sharif and Mian Mohammad Shahbaz Sharif on May 16, 2008 are restored, Justice Jillani announced.He said that the mandate of Article 225 of the Constitution has not been appreciated in the context of the instant cases. The Article places a bar to challenge an election dispute except through an election petition under the law i.e. the Representation of People’s Act 1976.In exceptional circumstances, however, the qualification or disqualification of a candidate can be challenged under Article 199 of the Constitution provided the order passed during the election process is patently illegal, the law has not provided any remedy either before or after the elections; and the alleged disqualification is floating on record requiring no probe and enquiry, he said.In the cases in hand, Justice Jilani said the issues of unpaid loans, of court contempt and of filing false affidavit were disputed questions of fact which could not have been adjudicated upon in the proceedings under Article 199 of the Constitution and even the material placed before the Court was not sufficient to render the impugned findings. He said the `Presidential Pardon', in the case of Mian Muhammad Nawaz Sharif stood admitted by the Federation of Pakistan through the statement made by the Deputy Attorney General before the High Court, before this Court during the hearing of the main petition and in the instant review petition and even by the Attorney General who appeared in these review proceedings.Justice Jilani said to allege that it was conditional or qualified pardon required deeper probe that exercise entailed factual enquiry. The courtroom was jam packed by lawyers, PML-N leadership including Makhdoom Javed Hashmi, Ahsan Iqbal, MNAs Anjum Aqeel, Dr. Fazal Tariq Chaudry, Anoosha Rehman Advocate and large number of political workers and media persons.When the short order was announced the jubilant workers of PML-N gathered at premises of the Supreme Court and started raising slogans in favor of party and Sharif brothers. Sweets were also distributed on the occasion.