SC seeks separate petition to form larger bench in PM’s disqualification plea

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The Supreme Court (SC) on Monday rejected the plea for formation of larger bench regarding Prime Minister Nawaz Sharif’s disqualification and adjourned hearing of the case till October 2.

A three-member bench, headed by Justice Jawwad S Khawaja and comprising Justice Musheer Alam and Justice Dost Muhammad Khan, heard the identical petitions filed by former MNA and PTI leader Ishaq Khan Khakwani, Pakistan Muslim League (PML-Q) President Chaudhry Shujaat Hussain and Gohar Sindhu Advocate.

The petitioners requested the court to disqualify Prime Minister Sharif under Article 62-f of the Constitution, claiming he gave a false statement in the joint sitting of the Parliament over the role of the army in negotiations with PTI and PAT to end their prevailing sit-ins.

Justice Khawaja remarked that the chief justice has the authority to form a larger bench; therefore a separate petition should be filed.

The apex court also directed the petitioners’ lawyers to prepare for Article 69, 68 and 95 during the next hearing of the case.

During the course of proceedings, Petitioner Gohar Sindhu said Nawaz Sharif had stated during the joint sitting of the parliamentary session that Imran Khan and Tahirul Qadri requested to meet the army chief and he did not ask the Chief of Army Staff to intervene for resolving the ongoing political issue.

However, an ISPR press release confirmed that the government had requested army to mediate in order to resolve political crisis, he added.

He said that Interior Minister Chaudhry Nisar Ali Khan had also stated that the army is apolitical and ISPR gave the statement after consulting the government.

Another petitioner Ishaq Khakwani’s counsel Irfan Qadri said that the Supreme Court has disqualified several members of parliament in many registered cases. Nawaz Sharif should also be disqualified on basis of this case and the Election Commission of Pakistan (ECP) should be ordered to de-notify the prime minister, he added.

Justice Khawaja responded that the case hearing was required to begin at 11.30am but petitioner Gohar wasn’t present and now the judges have to join a larger bench for hearing of another case. Therefore, the case hearing will have to be postponed.

During the hearing, there was an exchange of harsh words between Ifran Qadir and Justice Jawad Khwaja. Qadir argued by saying that the case was called ‘out of turn’. Justice Khawaja in response accepted it as a fault, to which Qadir retaliated by saying that it is rather a mistake caused by the current political circumstances.

The hearing was later adjourned until October 2.