New Bench to hear Sharifs case formed

LAHORE - A three-member full bench of the LHC hearing eligibility cases of Sharif brothers on Saturday broke up after two judges refused to sit on the bench following the objection raised by a PML (N) lawyer on the formation of the bench. The bench comprising Mr Justice Fazal-e-Miran Chouhan, Mr Justice Hasnat Ahmed Khan and Mr Justice Muhammad Ahsan Bhoon sent the case to LHC Chief Justice for constituting a new bench to adjudicate the matter. The Chief Justice has constituted a new three-member bench comprising Mr Justice Abdul Shakoor Piracha, Mr Justice M. Bilal Khan and Mr Justice Syed Shabbar Raza Rizvi that would re-start hearing on Monday. Everything was going smoothly in the court till Raza Kazam, counsel for Khurram Shah, concluded his lengthy arguments without any disturbance, in a petition challenging Shahbaz Sharif's eligibility to contest polls and become Punjab Chief Minister. The drama started as soon as Qazi Mohuyiudin, counsel for Noor Elahi, an independent candidate contesting polls against Nawaz Sharif from NA-123 Lahore, started his arguments on Nawaz Sharif's eligibility to stand as valid candidate in June 26 by-elections. Khawaja Mahmood Ahmad, central President of PML (N) Lawyers Forum came to the rostrum and objected the formation of bench, saying he has no hope for equal dispensation of justice from these judges because they have failed to establish their neutrality. Khawaja said it was a settled principle of law that justice must not only be done, but must be seen to be done. But this is not happening in Sharifs case because one judge of the bench is a close relative of PML (Q) President Ch. Shujaat Hussain while the other judge is closely associated with PML (Q) Senator Dr Khalid Ranjha. Khawaja also quoted a news item published in the Urdu Press that had made a disclosure that PML (Q) has established a cell against Nawaz Sharif that is run by Pervaiz Elahi and Manzoor Wattoo to manoeuvre things against Sharifs in the court. Khawaja went on to say that Pervez Musharraf allegedly was patronising the said cell. The bench that was hearing the objections patiently till that time, burst into anger. Mr Justice Fazal-e-Miran Chouhan, the senior most judge on the bench, then angrily asked Khawaja Mahmood that he had no locus standi to address the court as his miscellaneous application to become a party in the case had been dismissed the other day. 'Yes, we will not hear the case if Nawaz Sharif himself comes and object the formation of bench', Justice Chouhan asserted. PML-N lawyer, however, continued to press his view point, saying if the court was insisting to hear the case then it should adjourn hearing for couple of days allowing him enough time to approach Supreme Court for the transfer of the case to another bench. After saying all this, Khawaja returned to his seat. The things were looking settled down as bench was ready to restart hearing. The drop scene occurred when Justice Hasnat Ahmed Khan- the second senior most judge on the bench, refused to hear the case further in view of objections raised by Khawaja Mahmood that led to break-up of the bench. The petitioners counsel insisted on the court to continue hearing with the case as they had complete confidence in the judges. Till that time the judges had made up their minds and went to their retiring rooms. However, later in the written note sent to LHC CJ with the case, Justice Fazal-e-Miran Chauhan also refused to hear the case. Earlier, Deputy Attorney General, Raja Abdur Rahman called for assisting the court stating that this was a private matter of two persons, in which, no Constitutional point was raised and, therefore, arguments from the govt Attorney were not needed in view of the Supreme Court judgment. Earlier, Raza Kazam said though Shahbaz Sharif's notification as returned candidate from PP-48 was issued but astonishingly his candidature had not been decided on merit so far because the two-member Appellate Tribunal had handed down a split decision. He said one judge gave verdict in his favour and other against him and later LHC's registrar's office informed him that his appeals had been dismissed. The court observed that the matter is over as far as Shahbaz's eligibility is concerned as Election Commission of Pakistan had notified him. The petitioner has the remedy to file a election petition to get him de-seated. The counsel ,however, insisted that mere existence of candidate is not enough, he should be a valid candidate in the view of Article 62, 63 of the Constitution and Section 99 of Representation of Peoples Act 1976. The court did not sway with this argument and observed that it is the duty of candidate to prove that he stood qualified under Article 62 and onus to prove that he suffered disqualification under Article 63 is on the shoulder of the person who is objecting. Continuing his arguments, Raza Kazam said it is duty of the court to ascertain whether due process of law was followed in issuing Shahbaz's notification. At one point of arguments, Raza Kazam, who in his 80s, said that he had challenged notification only. But when the court drew his attention on the prayer clause of the petition where it was mentioned that petitioner had questioned the holding of CM office by Shahbaz. Raza was quick to seek an apology and permission to amend it. The court said it could not allow the same without hearing the other party. Nawaz Sharif's counsel Ashtar Ausaf, Akram Sheikh and Khawaja Haris were also present in the court room monitoring the proceedings closely.

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