ISLAMABAD: Prime Minister Shehbaz Sharif expressed regret over the timing of the Supreme Court’s verdict on the Supreme Court (Review of Judgments and Orders) Act 2023 and assured that the ruling would not impact the plans of Pakistan Muslim League-Nawaz (PML-N) supremo Nawaz Sharif to return to Pakistan.
The incumbent PM stated, “As far as Nawaz Sharif’s return is concerned, the [SC] decision is not linked to it.” He further added that his elder brother, the three-time prime minister, has completed the five-year disqualification period.
“The law currently in effect stipulates a maximum disqualification period of five years. Nawaz Sharif will return, and this verdict will not pose an obstacle,” clarified the prime minister.
Shehbaz had announced return of Nawaz
Premier Shehbaz had announced a day earlier that Nawaz would return to the country next month and face legal proceedings.
As the nation approaches general elections, the outgoing premier revealed during an interview he would travel to London to meet Nawaz Sharif as soon as the caretaker government assumes responsibility.
PM Shehbaz confidently stated, “Nawaz Sharif will come back to Pakistan next month, face the law, and lead the election campaign.” He did not provide an exact date for Nawaz’s return. The former prime minister has been in self-imposed exile in London since November 2019 due to health reasons.
The path for Nawaz’s return was also very clear with the signing of a bill amending Section 232 (Qualifications and Disqualifications) of the Election Act, 2017 by Interim President Sadiq Sanjarani in June. This amendment benefited both Nawaz Sharif and Istihkam-e-Pakistan Party (IPP) chief Jahangir Khan Tareen.
In June and December 2017, the Supreme Court disqualified both senior politicians for life under Article 62(1)(f) of the Constitution after finding them “dishonest.”
PM regrets the SC verdict
Meanwhile, today during an interview Premier Shehbaz also expresses regret over the timing of the verdict of the Supreme Court (Review of Judgments and Orders) Act 2023.
“I am genuinely disappointed that the decision arrived when parliament had been dissolved after fulfilling its term. I desire that the verdict had emerged during the active tenure of parliament, allowing us to deliberate on this law on the floor of the house or make amendments with the collective wisdom of the parliament,” stated the prime minister.
He further conveyed his personal disappointment with the timing of the verdict.
SC rules and judgments review law as unconstitutional
Earlier today, the apex court delivered a unanimous verdict, declaring the Supreme Court (Review of Judgments and Orders) Act 2023 “unconstitutional.” This move, perceived by many as diminishing the hopes of Nawaz and Tareen, who aimed to challenge their lifetime disqualifications, had both leaders disqualified under Article 62 of the Constitution by the apex court. Had the verdict today favored the petitions, both leaders would have gained an opportunity to contest their disqualifications, aligning with their political aspirations amid the forthcoming general elections in the country following the National Assembly’s tenure completion.
A three-member bench of the apex court, chaired by Chief Justice Umar Ata Bandial and including Justice Ijazul Ahsan and Justice Munib Akhtar, had considered multiple petitions challenging the law enacted in late May. Ghulam Mohiuddin, Zaman Khan Vardak, the Jurists Foundation, through its CEO Riaz Hanif Rahi, and the Pakistan Tehreek-e-Insaf (PTI) had contested the vires of the act.
During the case’s prior hearings, Attorney General for Pakistan (AGP) Mansoor Usman Awan urged the court to dismiss the pleas, explaining that it expanded the court’s jurisdiction and did not limit its powers. However, on behalf of the party’s Secretary General Omar Ayub, PTI lawyer Ali Zafar contended that a change in the apex’s powers could not be succedes solely through legislation and necessitated a constitutional amendment.
After six hearings from June 7 to June 19, the bench reserved its verdict on June 19.
Today, in the presence of the AGP, petitioners, and a significant number of lawyers, Chief Justice Bandial read out the decision. “The Supreme Court Review Act is against the Constitution,” CJP Bandial said, affirming that the verdict was passed unanimously.
The comprehensive 87-page order invalidated the law, rendering it null and void and devoid of legal consequence. The order stated that the Act is “repugnant to and ultra vires the Constitution… being beyond the legislative competence of the Parliament.”
