Pakistan Views

Lahore High Court will hear a petition of Shahid Orakzai against the candidature of PML-N President Mian Muhammad Shahbaz Sharif on Wednesday.

The petitioner challenged the unopposed election of Shahbaz Sharif as MPA and Chief Minister Punjab.

A three-member full bench of the LHC comprising Justice Abdul Shakoor Paracha, Justice M.Bilal Khan and Justice Syed Shabbar Raza Rizvi will start the hearing of the case on ex-parte basis.

The federal government on Wednesday will file a petition in the Supreme Court against the verdict of Lahore High Court (LHC) which on Monday disqualified the PML-N chief Nawaz Sharif from contesting by-elections from NA-123.

Speaking to the media persons at the Supreme Court on Tuesday, Raja Abdul Rehman, the Deputy Attorney General (DAG), said that competent authorities had decided to challenge the decision of the LHC in the apex court.

Earlier, Prime Minister Yousuf Raza Gilani announced that the federation would challenge the verdict of LHC in the Supreme Court. The DAG said the petition was to be filed on Tuesday but due to non-availability of some documents and official procedures the petition would be filed on Wednesday. The attested copy of the LHC decision made the delay in filing the petition, he added.

Syed Khurram Shah had filed a petition under Article 184-3 of the Constitution in LHC against the candidature of Shahbaz Sharif, whereas Noor Elahi had filed a petition against Nawaz Sharif. The Sharif brothers did not contest the case on the ground that they did not accept the ‘PCO judges’.

The high court was proceeding ex parte against them after turning down applications by several of their supporters, including lawyers and the speaker of the provincial assembly, to become a party to the case. Rehman said that the petition filed by Khurram Shah was malafide as he was neither a voter nor a candidate from the constituency, for that reason he was not competent to file any such petition, he added.

He said the election matters can only be challenged under Article-225 of the Constitution and Election Commission is the authority to decide the issues pertaining to elections. He said that during the proceedings of the case at LHC while representing the federation he had argued that the petition was in violation of the constitutional provisions, therefore, it should be rejected and Nawaz Sharif should be allowed to contest the by-election.

PML (Q) President Chaudhry Shujaat Hussain on Monday termed the LHC decision regarding PML-N Chief Mian Nawaz Sharif totally a judicial matter and not a political decision.
Commenting on Lahore High Court decision for declaring Pakistan Muslim League (N) chief Nawaz Sharif ineligible to contest by-election, Shujaat said, “I did not give this decision, as it is purely judicial decision,” he said while talking to the newsmen, after the dinner hosted in the honour of Kashmiri leaders at his residence.

He further said that Nawaz can also move against the decision in the Supreme Court.

To a question, Shujaat said that setting aside other main issues this government is only following judicial issues. “They are not tackling other main issues inter-alia poverty, price hike, energy crisis etc,” he added.

He alleged that the government has adopted victimization policy, which is unfair.

A full bench of the Lahore High Court allowing two petitions has disqualified PML-N Chief Mian Nawaz Sharif from contesting election. However, the court has conditionally allowed PML-N President Mian Shahbaz Sharif to hold office of Chief Executive of the province.

Noor Elahi, a rival candidate of PML-N Chief Mian Nawaz from the constituency NA-123 Lahore and Syed Khurram Shah had challenged the candidature of Nawaz Sharif. The petitioners alleged that the PML-N Chief was convicted by the courts in different cases and also disqualified to contest the polls for 21 years. They requested the court to disqualify Nawaz Sharif to contest the polls.

The full bench comprising Justice Abdul Shakoor Paracha, Justice M. Bilal Khan and Justice Syed Shabbar Raza Rizvi on Monday after hearing the arguments of the petitioners allowed both petitions and disqualified Nawaz Sharif to contest the polls.

On the other hand, Syed Khurram Shah, an ex-rival candidate of PML-N President Mian Shahbaz Sharif and Shahid Orakzai had also filed petitions seeking disqualification of Chief Minister Punjab. They had alleged that Shahbaz Sharif was a defaulter of various financial institutions and also committed contempt of the court by attacking on Supreme Court of Pakistan in 1998.

The petitioners had requested the court to declare PML-N President ineligible for polls and also set aside the earlier decisions of LHC’s Election Tribunal and Chief Election Commissioner regarding the permission to both the PML-N leaders to contest by-polls. They had also requested the Court to stop Shahbaz Sharif from working as CM Punjab.

The three-member same bench after hearing the arguments of the petitioners allowed Mian Shahbaz Sharif to hold the office of CM Punjab provisionally till the final decision of the petitions as both the petitions challenging his candidature will remain pending before the Election Tribunal of this court.

It is pertinent to mention here that earlier the concerned Returning Officers had allowed Nawaz, Shahbaz to contest the polls. The Election Tribunal of the LHC comprising Justice Mian Muhammad Najum-uz-Zaman and Justice Muhammad Tariq Shamim had given split decisions on the same petitions while the case was referred to the Chief Election Commissioner who reconstituted the ET comprising Justice Muhammad Akram Qureshi and Justice Hafiz Tariq Nasim while the ET had again given split decisions and the cases referred to the CEC who allowed both the leaders to contest the polls.

Meanwhile, Shahbaz Sharif elected unopposed from PP-48 Bhakkar and took oath as CM Punjab, however, the petitioners again filed the petitions before LHC and a three-member full bench comprising Justice Fazal-e-Miran Chouhan, Justice Hasnat Ahmad Khan and Justice Muhammad Ahsan Bhoon started hearing of the petitions.

During the hearing of the petitions Speaker Punjab Assembly and the Government of Punjab alongwith 13 other parties had filed applications to become parties in the case but the court dismissed all the applications and decided to proceed the case on ex-parte basis.

The full bench was again dissolved when some PML-N lawyers raised objections on a member of the bench who declined to hear the case so the new bench was reconstituted on Saturday last. The new bench comprising Justice Abdul Shakoor Parach, Justice M. Bilal Khan and Justice Syed Shabbar Raza Rizvi on Monday after hearing of the petitioners and Deputy Attorney General for more than one hour announced the judgement after five hours.

Former Prime Minister and Pakistan Muslim League (PML-N) chief Mian Nawaz Sharif said his party decided to acknowledge PCO judges basing on the sincerity of intention.

Talking to media on the occasion of a ceremony at a local school here, he said the deposed judges would at all cost would be restored to November 2 position.

Nawaz said , the in his meeting with PPP Co-chairman Asif Ali Zardari all, key issues including impeachment of the president, the constitutional package and the restoration of the deposed judges were discussed.

He maintained that both the parties will soon achieve the goals of February 18 mandate.

PML-N chief said that the whole nation demands the elimination of November 3 steps with declaring all the amendments null and void, so that the rule of law could be ensured in the country.

On this occasion, Nawaz Sharif said the coalition of both the parties will persist and the poverty and unemployment be uprooted from the country.

Pakistan Muslim League-Nawaz (PML-N) chief Nawaz Sharif and Pakistan People’s Party co-chairman Asif Ali Zardari on Friday failed to narrow down the differences between the two major coalition partners on the modalities to restore the deposed judges Musharraf fired last year by imposing emergency rule, and to impeach the embattled President.

However, PML-N announced that it would fully support the government to get the budget for the 2008-09 passed from the National Assembly, that also propose enhancement of Supreme Court strength from existing 17 to 29 judges. On Friday, the 2nd round of talks between the two leaders was held at Nawaz Sharif’s Raiwind residence but that also ended without any breakthrough with a resolve to hold another round of talks in the first week of July to sort out differences.

There were two sessions of the talks. In the first round, Asif Zardari was assisted by Jehangir Badar, Raja Riaz, Rukhsana Bangash, and Fauzia Wahab while Nawaz Sharif was accompanied by Chaudhry Nisar Ali Khan, Khawaja Mohammad Asif, Ishaq Dar and Punjab Chief Minister Shahbaz Sharif. In the 2nd round, both Nawaz Sharif and Asif Zardari held one-on-one meeting but failed to solve the differences on the two issues.

According to sources, both reached on an understanding to remove Pervez Musharraf but there were differences as who would be the new president. The PPP wanted its man to be next President but the PML-N has also shown its inclination for the slot, the sources claimed.

They said that some PPP leaders are working to clear the way for Asif Ali Zardari to take over the prestigious slot while the PML-N has not so far shown any positive signal in this regard.

The sources further said that during one-on-one meeting Zardari tried to convince Nawaz Sharif for rejoining the cabinet by his party’s ministers, but he (Sharif) made it clear to Zardari that PML-N ministers had quit the cabinet for the cause of judges’ reinstatement and as soon as the judges are reinstated in accordance with Murree Declaration, the PML-N would immediately re-join the cabinet.

The sources further said that Nawaz opposed giving safe passage to Pervez Musharraf and insisted that people of Pakistan wanted him to be accounted for his wrongdoing. After the meeting, Pakistan Muslim League-Nawaz leader Khawaja Muhammad Asif told reporters that during the meeting efforts were made to bridge the existing differences between the PPP and the PML-N on the mode of judges’ reinstatement and impeachment of President Pervez Musharraf.

He said both the parties wanted to get rid of Pervez Musharraf and also restore the judges, hence, sincere efforts are being made to achieve the objectives. Asif further said that consultations between the PPP and the PML-N are underway to sort out differences and another round of talks will be held in the first week of July on return of Asif Ali Zardari, who is proceeding abroad.

To a question, he said there are no differences between the two coalition partners on sending Musharraf back home, but both have differences on modalities of removing him. Besides, consultation with other coalition partners ie JUI and ANP on this issue is also needed.

Answering another question, Asif said the process to pass the budget has started and hopefully the budget will be passed by the National Assembly by June 26. “The PML-N would fully support the passage of Federal Budget as well as Finance Bill through which strength of apex court judges has been proposed to be enhanced’, he said.

When asked who would be the coalition partners’ candidate for the slot of President of Pakistan after Pervez Musharraf’s quittal, he said decision in this regard would be taken after the office is vacated.

When asked whether there is any possibility of rejoining the federal Cabinet by the PML-N Ministers, he said we had left the ministries on the basis of a principle and there is no possibility of rejoining the same without judges’ reinstatement.

Asif Zardari arrived Raiwind residence of Nawaz Sharif at about 1.00 pm and left the venue at 5.00 pm to take a plane for Karachi. The journalists of different TV channels and newspapers have to face difficulties due to rude attitude of security officials deployed there. The journalists, who reached the venue at about 12 noon had to wait for the briefing for about five hours while sitting on the main road. Some police officials also misbehaved with senior journalists.

A three-member bench of the Lahore High Court (LHC) has declared to take the unilateral action against the PML-N Quaid Mian Muhammad Nawaz Sharif and Chief Minister Punjab Shahbaz Sharif in different cases of eligibility for candidature of PML-N here on Thursday.

The LHC announced its decision on the consecutive absence of Sharif Brothers form the Court after the LHC had issued Sharif Brothers several notices to appear before the Court.

Geo News correspondent told that the LHC called Sharif Brothers in the ineligibility cases however the court was told that the servant Muhammad Saleem of Sharif Brothers had denied to receive the court’s notices.

Also, another court notice was pasted on the main gate of Shahbaz house but despite that he did not appear before the court for the hearing of cases.

Meanwhile, the court has adjourned the verdict until Friday.

Negotiations between the Pakistan People’s Party and the Pakistan Muslim League-Nawaz (PML-N) on the issues of judges and a motion to impeach President Pervez Musharraf have stalled though both parties have signalled to keep the alliance between the two intact.

A meeting between PPP co-chairman Asif Ali Zardari and PML-N chief Nawaz Sharif took place on Wednesday in the latter’s Raiwind farm house where both agreed that it would be dangerous if both parties broke up their alliance. They agreed that the dialogue should continue and again meet on June 20 after they consult with their respective party ranks, sources claimed.

On Wednesday’s meeting discussed the restoration of deposed judges and the impeachment through a constitutional amendment package, the upcoming by-elections, expansion of the Punjab Cabinet and some other matters. Shahbaz Sharif, Raja Zafar ul Haq, Khawaja Asif, Sardar Zulifqar Ali Khosa, Javed Hashmi, Ahsan Iqbal, Sardar Yaqoob Khan Nasir and Khawaja Saad Rafique helped Sharif.

PPP leaders Rehman Malik, Raja Riaz, Jehangir Badr, Chaudhry Ghulam Abbas, Fouzia Wahab, Azizur Rehman Channa and Rukhsana Bangash did with Zardari. Sources claimed both were firm in restoring the deposed judges in accordance with the Murree Declaration and the swift impeachment. Zardari told Nawaz to join the federal cabinet so that performance of different ministries could be further improved for the benefit of the public at large.

Zardari tried to convince his coalition partners that the they should avoid tabling an impeachment motion against Musharraf without securing a two-thirds majority in the Senate and the National Assembly. Asif also agreed that the judges’ reinstatement be linked with the constitutional amendment package. It was also proposed to form a joint committee to settle the impeachment issue with both also making five-seat adjustments in the upcoming by-polls.

After the meeting, PML-N Information Secretary Ahsan Iqbal told reporters that both wanted the judges reinstated, Musharraf impeached and their alliance cemented but they had differences on modalities to achieve these objectives. Ahsan said both considered Musharraf as an unconstitutional president and claimed that the presidency was still conspiring but the coalition partners would foil them. He also said that Musharraf was trying to protect his rule.

An important meeting between the Pakistan Muslim League-Nawaz (PML-N) chief Nawaz Sharif and Pakistan People’s Party (PPP) co-chairman Asif Ali Zardari is being held at the former’s residence here on Wednesday.

Sources in the PML-N told that during the meeting matters concerning constitutional amendment package, expansion in the Punjab Cabinet, rejoining of federal cabinet by the PML-N ministers, impeachment of President Pervez Musharraf and affairs of the coalition governments would be discussed.

Matter pertaining to restoration of deposed judges would also be discussed, the sources added.

Analysts say Shahbaz Sharif after becoming Punjab chief minister, relations between the PPP and PML-N have further strengthened and the alliance between the PPP and PML-N would continue.

Lawmakers of Pakistan Muslim League-Nawaz (PML-N) in the National Assembly on Monday focused on the impeachment of President Musharraf on the third day of the debate on the annual budget, holding him responsible for the economic instability the country is facing. The traditional anti-Musharraf League, whose elected government was toppled by the President some nine years back in a bloodless coup, is stuck to its guns to restore the sacked judges followed by the impeachment of the President along with his trial under Article 6, contending the move would be the sole solution to bring the country out of all the crises. The commitment of the PML-N was again seen on Monday in the National Assembly where its lawmakers mainly focused on Musharraf’s impeachment more than the debate on budget.

The PML-N considers the mandate of February 18 elections given to the then opposition parties is totally anti-Musharraf and he has now left with no justification to stay as President of the country after this elections.

Barjis Tahir of PML-N demanded of the coalition government to reinstate sacked judges through a parliamentary resolution along with impeachment of President.

He also suggested constituting a parliamentary committee for probing the Kargil issue. “The countrymen cannot wait for long and coalition partners should implement Murree Declaration,” he asked.

Barjis also condemned the recent attack of Nato forces on Pakistan army in Fata and the statement of Defence Minister, where he had stated that Pakistan has no capability to stop attacks carried out from a height of 25000-foot.

About Budget, he said government decision to increase 20 percent salaries be also applied on private sectors and expressed his concern over the mechanism to increase the oil prices fortnightly.

He also recommended increasing the limit of taxable income from 180,000 to 300,000. Chaudhry Mehmood Bashir of PML-N said that as long as Musharraf is in the Presidency, the country would not come out of the present crisis.

He added that PML-N is committed to restore the judges and if they were not restored then even new generation would not get rid of such conspiracies of dictators.

Mian Javed Lateef of PML-N demanded of the to government to constitute a commission to probe the killings from PPP founding chairman Z A Bhutto to Nawab Akber Bugti and the people killed in Lal Masjid. He added that the responsible elements be brought to book.

“On one hand our people are dying from hunger, unemployment and poverty, on the other, musical nights are being arranged at the president house spending million of rupees,” he alleged. Bushra Gohar of ANP opposed the slash of subsidy on oil as well as increase of one percent GST, terming it a dual wound to the masses.

She also pointed out that there was no mechanism in the new budget to check the internal and external borrowing. Gohar hailed the decision of 20 percent raise in the salaries of government employees, suggesting not to give any raise to the cabinet members and parliamentarians.

Wasim Akhter of PML-N demanded of the government to bring the former technocrat Prime Minister Shaukat Aziz back to the country through the Interpol and recover the alleged looted wealth of the nation. He also opposed slashing of subsidy and one percent increase in GST.

“It is the demand of the entire nation to send Musharraf home - the main cause of the economic crisis,” Wasim repeated the party demand. Imtiaz Safdar Warriach of PPP blamed the previous government for transferring the crisis, loss and hardship to the new government in every sector like Wapda, PIA, Railways and banking.

The foreign debt was $32 billion at the time of taking over by Musharraf and it rose to $45 billion during his eight years tenure. There is an unmatchable gap between poor and rich, whose everything school, hospital and even graveyard is separated.

Being an agro-based economy, Pakistan has to rely on import and need to concentrate on research to boost the wheat production. Warriach remarked that President Musharraf should himself tender his resignation after realising the situation and thanking the nation as he became President from a lieutenant.

Farzana Mushtaq of PML-N said that Asif Zardari has said that PPP got vote for rooti, kapra aur makan but did nothing in the new budget for ensuring these essential items for the people, demanding of the government to retain the subsidies on oil and food items.

Salahuddin of MQM recommended to carryout land reforms to break the strong net of feudalism. He highlighted that industrial and agriculture sectors would be destroyed due to increase in the oil prices. Anjum Aqil Khan, Shagufta Jamani, Fauzia Habib, Arbab Mohammad Zahir, Arbab Alamgir, Palwala Shah, Engineer Mohammad Tahir Khatack and number of other members also took part in the debate.