It is a fact that at present no man in the world is ‘Sadiq’ and ‘Ameen’, but the way our politicians are using this fact for saving themselves is irksome. A person, who has been declared disqualified from one branch of state by the judiciary, should not be allowed to head a party. If he is allowed, it will face up to the efforts and verdicts of the courts. Among the three branches of the state, the judiciary has its own value and status that no one can defy.
History has set no precedence on the matter in Pakistan. In the past, dictators and so-called democratic forces moulded the courts’ verdicts in their own favour. Nawaz Sharif took part in the restoration movement of the judges during the PPP reign. After the restoration, Ifthikar Chaudhary remained in the PML-N’s good books and vice versa as claimed by PPP and PTI. Maybe the foremost reason for this was that he and other non-PCO judges were restored primarily through the efforts of PML-N.
The National Assembly of Pakistan on November 21, 2017 challenged the authenticity of the courts’ proceedings against Nawaz Sharif. The rejection of the Elections (Amendment) Bill, 2017 clearly states the intentions of the ruling elite. It was rejected by 163 votes and was voted in by 98 lawmakers. The way the government has tried to prove its point as legitimate regarding the rejection of the amendment was shameful.
Some MNA’s from PML-N are dissatisfied about the way government is handling certain areas. Many them are in the first-tier leadership role in altering Khatam-e-Nabuwat clause. Zafarullah Khan Jamali openly revolted against his government and opined it was better to resign. At the time, the government could not even obtain the quorum to start a session of assembly, but for rejecting this amendment from PPP, the members were present in a large number. Imran Khan and some news analysts are of the opinion that billions of rupees were used to force the MNAs to attend the session and vote against it.
Zafarullah Khan Jamali openly revolted against his government and opined it was better to resign. At the time, the government could not even obtain the quorum to start a session of assembly, but for rejecting this amendment from PPP, the members were present in a large number
During the session, the senior leadership of PML-N stressed about the need to support their move. They were of the view that the opposition should revere their leaders as because of them a political party thrives and attracts votes.
If a person becomes disqualified for a reason, and if he is legislatively allowed to rule the party, it means that there is no validity of the courts. The courts should be dismissed if this is how their verdicts are taken — why invest financial as well as non-financial resources when their orders may be violated. In fact, the government has opposed the courts that put efforts in deciding the status of a politician.
Article 62 and Article 63 of the Constitution of Pakistan defy the disqualified person from attending the sessions of the parliament and ultimately from leading any political party. The assembly did something utterly against these provisions.
The judiciary and legislative in developed countries work hand in glove with each other, but in Pakistan, things are much more complex. Both of these branches never seem to be cooperative with each other. At the moment, the parliament needs to obey the verdicts of the apex court. Public resources are being spent to define the status of politicians, and all of them have gone in vain with the rejection of this bill.
Section 203 of the recently passed Election Act 2017 allows the disqualified person to lead the party. Nawaz Sharif is as powerful as he was during his premiership. The only thing the value of which has been diminished and set aside is the verdict of the court which impeached him for not providing the indispensable documents and evidence related to his money trail. Top PML-N leaders erroneously believe that even if a leader is disqualified from the judiciary, he can still be the leader legislatively. This misconception needs to be addressed.
The writer is a professional writer and political commentator. He can be contacted @junaidalimalik1 or [email protected]
Published in Daily Times, December 3rd 2017.