Daily Times

ISLAMABAD: Supreme Court Bar Association (SCBA) President Ali Zafar has said that the top court cannot decide the disqualification matter of Prime Minister as it involves factual controversy including record of evidence and trial.

“The Supreme Court of Pakistan cannot entertain a petition under Article 184(3), if, filed seeking disqualification of prime minister without recording evidences and trial,” SCBA President Ali Zafar told Daily Times.

He supported his statement saying that Prime Minister’s wealth in the garb of offshore companies requires evidence. Where question of evidence and trial comes then SC cannot entertain a petition seeking disqualification, he maintained.

Recently, Pakistan Tehreek-e-Insaf (PTI) decided to move a petition seeking disqualification of Prime Minister Nawaz Sharif.

However, Naeem Bukhari, a member of PTI’s legal team confirmed Daily Times that draft of petition has been completed but it would not be filed before August 7 as the party’s chairman has announced street agitation against Pakistan Muslim League Nawaz.

The PTI legal team is headed by Hamid Khan while Advocate General Khyber Pakhtunkhwa Latif Yousafzai, Ahmad Awais, Naeem Bukhari, Latif Yousafzai, Ali Khan, Salman Afridi are its members.

The petition which would be filed under Article 184 (3) highlights numbers of issues regarding the disqualification of prime minister.

Earlier, the sources claimed that PTI legal team was divided for approaching the apex court, seeking the PM’s disqualification for concealment of the facts in his nomination, which is allegedly violation of Articles 62 and 63 of the constitution.

However, The PTI’s central leader Ishaq Khan Khakwani believed that they have very strong case against the premier, adding that the Supreme Court while entertaining the petitions under Article 184 (3) of the constitution had disqualified dozens of parliamentarians in the past.

“I don’t think the Supreme Court will deviate from its earlier judgments, wherein it disqualified the parliamentarians including former Prime Minister Yousaf Raza Gilani”, he added.

However, president SCBA said that disqualification of prime minister is only possible if inquiry commission is formed and evidences are recorded in the matter. While recalling, he admitted that former chief justice Iftikhar Muhammad Chaudhry’s judgments regarding the disqualification of number of parliamentarians were not legally correct adding that temperament of incumbent judiciary is different as they decide cases in accordance with the laws and due process is being fully adhered.