Daily Times

The National Assembly on August 22, 2017 and Senate on September 22, 2017 passed the Elections Act, 2017 — a law to consolidate eight election laws and to strengthen the Election Commission of Pakistan as an autonomous institution. When the law was passed in National Assembly, less than 50 members were present in the House of 340 — and none pointed out the lack of quorum. Opposition leader Syed Khurshid Shah said: “I feel myself ashamed on seeing the situation in the House. Only a couple of ministers out of 53 cabinet members are present”. In the Senate as well, only 76 members out of 104 cast vote when Law Minister despite ruling of the Chairman moved an amendment paving way for ousted Prime Minister Nawaz Sharif to become party chief. Members of Pakistan Tehreek-e-Insaaf (PTI) opposed the Senate Chairman.

The Law Minister at the time of passage of Election Act, 2017 in National Assembly — when nearly 100 amendments moved by Opposition were rejected and PTI staged a token protest walkout — said: “We also want to move for amending Articles 62 and 63 of the Constitution” to reverse life-time disqualification of Nawaz Sharif.

Elections Act, 2017 on receiving assent of President soon will repeal Electoral Rolls Act 1974, Delimitation of Constituencies Act 1974, Senate Election Act 1975; Representation of the People Act 1976, Election Commission Order 2002, Conduct of General Elections Order 2002, Political Parties Order 2002 and Allocation of Symbols Order 2002.

General Ziaul Haq mutilated the Constitution in many ways, but adding so-called ‘Islamic’ provisions was his worst act of hypocrisy. He also cultivated businessmen like the Sharifs as ‘leaders’ and many others with equally dubious credentials

Undoubtedly, the ruling PML-N has played a dirty trick by removing the bar contained in Article 5 of the Political Parties’ Order, 2002 [PPO] that states, “a disqualified person cannot become office bearer of political party. Article 5 of the PPO says: Membership of political parties.— (1) Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party or be otherwise associated with a political party or take part in political activities or be elected as an office-bearer of a political party.

Provided that a person shall not be appointed or serve as an office-bearer of a political party if he is not qualified to be, or is disqualified from being, elected or chosen as a member of the Majlis-e-Shoora (Parliament) under Article 63 of the Constitution of the Islamic Republic of Pakistan or under any other law for the time being in force”.

The above proviso debarred Nawaz Sharif to remain head of PML-N. But now section 203 of Election Act, 2017 has removed the bar. The Election Act, 2017 will enable disqualified Nawaz Sharif to recapture Presidentship of PML-N. Not only Nawaz Sharif but in future any person convicted and disqualified as head of a political party will easily be able to control a government in power even though himself cannot contest election. This is a clear violation of Constitution and the democratic norms.

In the wake of victory of Kalsoom Nawaz from NA 120 on September 17, 2017, many say she may be new Prime Minister — in which case Nawaz Sharif will be ‘First Man’ of Pakistan. This situation will be analogous to what happened in Bihar, India, in 1997 when Lalu Prasad Yadav nominated wife Rabri Devi as his successor. Later many cases of corruption were registered against Lalu, and even his diehard supporters started believing that he was involved in wrongdoings. If Nawaz tries to reoccupy Prime Minister House through wife, his fate will be the same as that of Lalu, who was convicted for 5 years on October 3, 2013 on charges of corruption.

Pakistan is controlled and ruled by a trio — indomitable militro-judicial-complex, crony civil servants and corrupt politicians. The hypocrites in Parliament want to keep intact undesirable provisions inserted in the Constitution by General Ziaul Haq in the name of so-called ‘Islamisation’. Interestingly, during the 18th Constitutional Amendment parleys, removal of ‘sadiq and ameen’ clause was opposed by PML-N. Ironically, Nawaz Sharif, once protégé of General Ziaul Haq, after becoming the first prime minister disqualified under this provision, now wants to delete it as early as possible.

It is worth mentioning that in Ishaq Khan Khakwani and others v. Mian Muhammad Nawaz Sharif and others (PLD 2015 SC 275), Justice Asif Saeed Khan Khosa noted:

“… clause (f) of Article 62….provides a feast of legal obscurities…whether a person is ‘sagacious’ or not depends upon a comprehensive study…which is not possible within the limited scope of election authorities and courts…The same is true for ‘righteous’ and ‘non-profligate’ .”

Strangely, nobody took the notice of above insightful observations—no effort was made by legislators to repeal the obscure provisions of Article 62 and 63.

General Ziaul Haq mutilated the Constitution in many ways, but adding so-called ‘Islamic’ provisions was his worst act of hypocrisy. He also cultivated businessmen like Sharifs as ‘leaders’ and many others having doubtful credentials. Capturing votes with money power or coercion is not popularity, as claimed by Nawaz and his cronies and many others. A popular and respectable leader enjoys unquestionable legacy of serving the people and making the country politically stable and economically strong. This has been totally missing in Nawaz Sharif’s politics in Punjab and Centre during the last more than three decades.

The corrupt officials, occupying top positions in institutions, give protection to law breakers and plunderers of national wealth and get favours in return. In other civilised societies, such elements are put behind bars, their ill-gotten money and assets seized. In Pakistan, on the contrary, they make the entire system captive so they can continue looting the masses. It is high time that a public campaign is launched for amending Constitution and electoral laws so the way of plunderers of national wealth, tax evaders and criminals can be blocked.

The writer is Advocate Supreme Court and Adjunct Faculty at Lahore University of Management Sciences (LUMS). Email: ikram@huzaimaikram.com; Twitter: @drikramulhaq

Published in Daily Times, September 24^th 2017.