ISLAMABAD: In what is being dubbed the final nail in Nawaz Sharif’s political coffin, the Supreme Court of Pakistan on Friday disqualified the prime minister from holding the public office, after months of hearings in a case instigated by Panama Papers leaks.
“It is hereby declared that having failed to disclose his un-withdrawn receivables constituting assets from Capital FZE Jebel Ali, UAE, in his nomination papers filed for the general elections held in 2013 in terms of Section 12(2)(f) of the Representation of the People Act, 1976 (ROPA), and having furnished a false declaration under solemn affirmation respondent No 1 Mian Muhammad Nawaz Sharif is not honest in terms of Section 99(f) of ROPA and Article 62(1)(f) of the Constitution of the Islamic Republic of Pakistan, 1973 and therefore he is disqualified to be a Member of the Majlis-e-Shoora (Parliament),” a unanimous verdict announced by the five-judge bench to a packed courtroom reads.
The court ordered the Election Commission of Pakistan (ECP) to immediately issue notification for disqualification of the prime minister. “The Election Commission of Pakistan shall issue a notification disqualifying respondent No. 1 Mian Muhammad Nawaz Sharif from being a Member of the Majlis-e-Shoora (Parliament) with immediate effect, whereafter he shall cease to be the Prime Minister of Pakistan,” the order, which brings to an unceremonious end Nawaz Sharif’s third term in power around one year before the scheduled general elections in 2018, reads.
The court ordered President Mamnoon Hussain to take all necessary steps under the constitution to ensure continuation of the democratic process.
The court ordered the National Accountability Bureau (NAB) to file references before the accountability court against Nawaz Sharif, Maryam Nawaz, Hussain Nawaz, Hassan Nawaz, and Capt (r) Safdar and Ishaq Dar within six weeks.
“The National Accountability Bureau (NAB) shall within six weeks from the date of this judgment prepare and file before the Accountability Court, Rawalpindi/Islamabad, the following references: a) Reference against Nawaz Sharif, Maryam Nawaz, Hussain Nawaz, Hassan Nawaz and Capt (r) Safdar relating to the Avenfield properties, b) Reference against Nawaz Sharif, Hussain Nawaz and Hassan Nawaz regarding Azizia Steel Company and Hill Metal Establishment, c) Reference against respondents Ishaq Dar for possessing assets and funds beyond his known sources of income.” the order said, adding the NAB will also include in the proceedings all other persons including Sheikh Saeed, Musa Ghani, Kashif Masood Qazi, Javaid Kiyani and Saeed Ahmed, who have any direct or indirect nexus or connection with the actions of the respondents leading to acquisition of assets and funds beyond their known sources of income.
The court said NAB may file supplementary reference(s) if and when any other asset, which is not prima facie reasonably accounted for, is discovered.
The court ruled that accountability court will proceed with and decide the aforesaid references within a period of six months from the date of filing such references. “In case the Accountability Court finds any deed, document or affidavit filed by or on behalf of the respondent(s) or any other person(s) to be fake, false, forged or fabricated, it shall take appropriate action against the concerned person in accordance with law,” the verdict said.
The court requested chief justice of Pakistan to nominate a judge of the Supreme Court to supervise and monitor implementation of the judgment in letter and spirit and oversee the proceedings conducted by NAB and the accountability court in the above mentioned matters.
This court appreciated the hard work and efforts made by members of the JIT and their support and ancillary staff in preparing and filing a comprehensive and detailed report. “Their tenure of service shall be safeguarded and protected and no adverse action of any nature including transfer and posting shall be taken against them without informing the monitoring judge of this court nominated by the Hon’ble Chief Justice of Pakistan,” the court ruled.
Highlights of SC decision
* ECP shall immediately de-notify Nawaz Sharif
* NAB will file references against Sharif family within six weeks
* Accountability court will decide references within six months
* SC judge will supervise implementation of verdict and oversee proceedings of NAB and accountability court
* President of Pakistan will take necessary steps to ensure continuation of democratic process
* Tenure of service of JIT members safeguarded and protected
* No transfer/posting of JIT members without SC permission
Published in Daily Times, July 29th , 2017.
