Fervent rather panicky preparations are underway by the PML(N) spear­headed by fiery Maryam Nawaz Sharif to give a grand reception to Nawaz Sharif in their attempt to surpass and exceed the reception given to Mohtarma Shaheed Benazir Bhutto when she disembarked at Lahore Airport in April 1986 and was received by over two million supporters drawn from the entire country. They are also trying to outperform Mohtarma Benazir Bhutto when she arrived at Ka­rachi airport in 2007 and was received by over 250,000 supporters. Mr. Nawaz Sharif is scheduled to arrive at Lahore Airport on 21st October after over four years of stay in London on Bail which was granted only for a few months.

The Constitution has been and con­tinues to be disregarded and overrid­den when deemed suitable by those in power, despite the requirement for a constitutional amendment with a 2/3 majority in parliament to make any specific changes. Regrettably, the Con­stitution, since the time of the PDM has lost its status, reduced to more of a notebook than a sacred textbook that it should be. This disregard began with flouting the Constitution’s express pro­visions, such as the Supreme Court’s di­rective to hold Punjab and KP assembly elections within 90 days.

In a decision with a 10-5 majori­ty, the Chief Justice’s power to initi­ate Suo moto cases and form benches was stripped, allowing appeals against Suo moto cases. However, this decision doesn’t have a retrospective applica­tion, which means that individuals like Nawaz Sharif, Mr Jehangir Tareen and other parliamentarians disqualified for life by the Supreme Court won’t be able to appeal their disqualifications. This development has cast doubts on Nawaz Sharif’s chances of becoming Prime Minister for the fourth time and Jehangir Tareen’s ability to participate in upcoming elections. Adding to the complexity, the outgoing government has introduced an anomaly in the Elec­tion Act 2023, limiting disqualifica­tions to a maximum of five years.

Proponents of Nawaz Sharif argue that this limits his and Jehangir Tareen’s dis­qualifications to five years, allowing them to contest elections. On the other hand, many believe that these legal changes have crushed the hopes of Nawaz Shar­if’s fourth term as Prime Minister and Jehangir Tareen’s ambition to lead the IPP in upcoming elections. Nevertheless, there are some exceptions in Pakistan. For instance, the Supreme Court has al­lowed the retrospective application of laws that are curative or purely clarifica­tory in nature. Additionally, laws that are deemed necessary to protect the public interest may also be applied retrospec­tively. However, the right of appeal in the discussed scenario does not fall within these exceptions.

The fate of both Nawaz Sharif and Je­hangir Tareen remains uncertain until the case is brought before the Supreme Court, a suitable bench is constituted by a three-member committee of the most senior judges, led by the Chief Justice, and the matters are adjudicated upon before the filing of nomination papers. This situation places the destinies of not only Nawaz Sharif and Jehangir Tareen but also numerous other parliamentar­ians in a state of ambiguity. In standard legal practice, if the Supreme Court is in­volved in a case regarding a candidate’s eligibility for contesting an election, the candidate can still submit nomination papers. However, the election presiding officer cannot accept these nomination papers until the Supreme Court issues its final order on the case. In an alter­native scenario, if the Supreme Court confirms the candidate’s eligibility, the election presiding officer will accept the nomination papers, allowing the candi­date to participate in the election.

Conversely, if the Supreme Court dis­qualifies a candidate, the election pre­siding officer will reject the nomina­tion papers, barring the candidate from participating in the election. In a differ­ent scenario, candidates can file nomi­nation papers, and their names may ap­pear on the ballot, but if the Supreme Court disqualifies them before or after the election, they will be disqualified even if they secure victory.

For the PML(N), the first scenario is straightforward if Nawaz Sharif is ab­solved of his prior convictions, and his argument regarding the reduction of the disqualification period to five years is accepted. In this case, he would be el­igible to run in the upcoming elections.

In the second scenario, if the Supreme Court upholds Nawaz Sharif’s lifelong disqualification, it poses a significant challenge for the PML(N). They would need to revise their narrative, which currently revolves around Nawaz Shar­if as the sole saviour of Pakistan, imply­ing that no other leader within the par­ty or other political factions can resolve the nation’s challenges. This could trig­ger internal strife within the PML(N) as contenders vie for the premier posi­tion, with Shahbaz Sharif and Maryam Nawaz emerging as prominent candi­dates. If this unfolds, the PML(N) risks transforming from a democratic party into one resembling hereditary rule.

This situation could prove advanta­geous for the PPP and potentially pave the way for Bilawal Bhutto to step into the void left by Nawaz Sharif and Imran Khan. However, it raises significant con­cerns about the conduct of free, fair, and transparent elections and casts doubt on their credibility and legitimacy. This, in turn, exacerbates the country’s polit­ical, law and order, financial, and eco­nomic uncertainties.

It is in our paramount national inter­est that all political leaders can contest elections, and their acceptance or rejec­tion should rest in the hands of the peo­ple through the power of their votes. This is a cornerstone of any well-func­tioning democracy. This transforma­tion can only occur when we transcend our vested interests, cease the pursuit of ego-driven and divisive agendas, and, above all, respect our sacred social con­tract—the Constitution, which binds the people and the state. Many nations have ascended to the pinnacle of glory, and so can we. It’s high time that we rose as one nation, unleash our full potential, and reclaim our rightful place in the world