Verdict to impact country’s political scenario: Experts

LAHORE - Majority of lawyers Wednesday said the apex court’s decision would have serious impact both politically and constitutionally, but it should be determined first who, as the PML-N head, made decisions and issued tickets to the party members to contest elections.

Talking to The Nation, former ECP secretary Kanwar Dilshad opined the tickets issued by Nawaz Sharif to various PML-N candidates for the March 3 Senate elections had also lost their validity and now they could not contest. In his opinion, these people will have to get fresh tickets from the new party chief to stay in the race.

He was also of the view that the ECP might have to reschedule the Senate elections in the light of the new situation. The polls body had the authority to do so, he said.

The by-elections that have become invalid after the SC judgment are NA-120 (Lahore), NA-154 (Lodhran) and PP-20 (Chakwal). These elections were won by PML-N nominees. Begum Kulsoom Nawaz was elected from NA-120.

Kanwar Dilshad said by-elections on such seats would not be possible as assemblies had less than four months to complete their term.

He opined the election of Shahid Khaqan Abbasi as the prime minister and all the by-elections held on various national and provincial seats after disqualification of Nawaz Sharif on July 28 last year stood null and void in the light of the judgment given by the Supreme Court Wednesday.

Senior lawyer Barrister Farogh Naseem said the Senate elections would be held on schedule, but the PML-N would not be eligible to contest after Wednesday’s judgment of the apex court.

PPP leader Qamar Zaman Kaira was of the view the top court’s verdict was not against Nawaz Sharif, but against the law which the parliament had enacted with mala fide intention to elect the disqualified premier as the party head.

As regards the fate of the March 3 Senate elections, the PPP leader said the SC should have kept this factor in mind before delivering the judgment. He alleged the PML-N wanted to create chaos in the country as it suited its political interests.

Punjab Law Minister Rana Sanaullah was of the view that the PML-N candidate for the Senate elections would contest as independent candidates if their tickets became invalid in the light of the SC’s decision. He said Nawaz Sharif would continue to guide the party in the future.

Justice (r) Shaiq Usmani said by-elections held on various seats cannot be annulled as a result of the Supreme Court’s decision. In his opinion, if PML-N went for another constitutional amendment to undo this judgment, the top court would not be able to do anything against it.

Abid Hassan Minto said surely it had serious impact on the political setup and would fan the already prevailing critical situation in the country. “I don’t know the reasons, but there is a party act and the constitution and if Nawaz Sharif’s disqualification is not in accordance with that act and the constitution, there will be questions and debates,” said the veteran lawyer. “However, one thing is sure that the upcoming Senate elections are doubtful as a principal party has been separated,” he further said. He added it was a short order and the detailed judgment would be given later.

Supreme Court Bar Association President Pir Kaleem Khursheed said: “The Senate elections are not clear. It should be rescheduled because the democratic process should not be stopped.” However, he was of the view that there was no constitutional crisis. “Although it has far-reaching impact, but we cannot say that there may be a constitutional crisis,” said the top bar president.

Hamid Khan, who is a constitutional expert and Pakistan Tehreek-e-Insaf leader, lauded the Supreme Court’s judgment, saying it had shown the judiciary was taking decisions without fear or pressure. “The SC decision has established independence of the judiciary. All the decisions made by Nawaz Sharif stand null and void,” said Hamid Khan.

When asked what the status of Prime Minister Abbasi would be if it was proven that his nomination was made by Nawaz Sharif, he replied he could not say anything on it. “I am not sure if there may be any crisis, political or constitutional,” said Khan. He opined the Senate elections should not be delayed because the ticket holders belonging to PML-N might contest as independent candidates.

A leading constitutional expert, Barrister Farogh Naseem, said, “The decision of the PML-N about ticket holders stands null and void, but the Senate elections will be held on time. The court has not stated that the Senate elections will be late, so I hope Election Commission of Pakistan will hold these elections on time,” he further said.

Another constitutional expert and opposition leader in the Senate, Chaudhry Aitzaz Ahsan, said he could not say anything about the impact of the judgment as he could not read it. “As far as criticism of Nawaz Sharif on the judiciary is concerned, the former PM is wearing a “suicide jacket,” Aitzaz remarked.

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