Daily Times

Although the Supreme Court’s verdict of disqualifying Prime Minister Nawaz Sharif is being celebrated by opposition parties, concerns have been raised by political analysts over the grounds on which the apex court based its decision.

The use of Article 62, 63 by the SC is being debated because the same can be used to disqualify Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan and his aide Jahangir Tareen as well.

Daily Times spoke to political analysts to get their opinion on the judgement.

“The five-member bench initially agreed that the PM should be disqualified, but three of them wanted more material. So they ordered the formation of the JIT. The judges wanted to ensure the credibility of the whole process,” said LUMS political science professor Dr Muhammad Waseem.

He further said that the use of Article 62 and 63 would certainly cause concerns because a great number of public office holders would have to go home if the same was applied across the board. “It is unfortunate that a controversial piece of our Constitution introduced during the dictatorial regime was used by the apex court,” he said.

While commenting on Nawaz Sharif’s future in politics, he said the new PM would certainly have the blessings of Nawaz Sharif. “This way, the latter will continue to have a say in the affairs of the country. The government will still be Nawaz Sharif’s,” Dr Waseem said.

The revival of original five-member bench to announce the verdict is being questioned by those opposing the judgement.

Political analyst and former PML-N MNA Ayaz Amir thinks the criticism is undue. “The two judges who were not a part of the three member bench that reviewed the JIT report must have read and studied it thoroughly before giving the verdict. Even the three judges who initially refrained from disqualifying Nawaz Sharif had not given him a clean chit,” he told Daily Times.

Ayaz further said those questioning the judgement should ask the former PM and his family why they were not able to defend themselves despite being given multiple chances by the apex court.

While commenting on the selection of new PM, he said Nawaz Sharif did not trust anyone outside his family. “So Shahbaz Sharif will most likely by the next PM,” he said.

Political analysts Harris Khalique thinks the revival of original five-member bench would have mattered if the decision was 3-2. “It is irrelevant because the decision was unanimous,” he told Daily Times.

However, he said that Article 62, 63 should not have been used by the court. “What Imran has now done to Nawaz Sharif is the same done by the latter to former prime minister Benazir Bhutto. It is ironic that at the time of the passage of 18th Amendment, the PML-N did not want to get rid of Articles 62 and 63. Now they have fallen prey to the same part of the constitution,” he told Daily Times.

While commenting on the possibility of Imran Khan’s disqualification, he said that the PTI chairman could be disqualified by the court in theory. “However, it is difficult to predict anything in this regard as yet,” he said.

Harris further said that the decision would be remembered as a credible one only if other politicians went through the same process. He further said a majority of educated, middle class in Pakistan was anti-democratic. “Therefore, they celebrated the PM’s ouster. It is important to study all aspects of the case. Nawaz Sharif is not impolite, but stubborn, and has a habit of picking up fights. This is why he didn’t seem to have good relations with the establishment during his tenure,” he said.

Harris said that like all other parties, the PML-N did not have internal democracy. “Therefore, Shahbaz Sharif will be made the new PM. The other Sharif can pull it along because he has better relations with the establishment,” he said.

Columnist Umair Javed notes that Sharif’s disqualification can lead the N-League to suffer an electoral hit in the next general elections. “The extent of the hit is contingent on how well the party handles the transition between an interim PM and a fulltime PM in time for the 2018 elections. If the transition happens smoothly, and electable candidates are convinced that N-League is still going to be the largest party, the damage will be limited,” he says. “If they think infighting will tear apart the party, they will start to jump ship. The election remains the final end game.”

Published in Daily Times, July 29^th , 2017.