A five-member bench led by Justice Asif Saeed Khosa resumed the hearing of Panama Leaks case in the Supreme Court (SC) on Monday.
A member of the SC’s larger bench questioned whether Prime Minister Nawaz Sharif can be disqualified under Article 184(3) of the Constitution in the Panamagate case.
“The apex court has jurisdiction to adjudicate such matters under Article 184(3) of the Constitution but can we disqualify someone on the basis of such material or not,” asked Justice Azmat Saeed Sheikh.
The Prime Minister’s counsel Makhdoom Ali Khan continued his arguments.
Justice Ejaz Afzal Khan remarked that the court can neither ignore the past nor give a judgment which could change the whole scheme of the Constitution.
To this, PM Nawaz’s counsel Makhdoom Ali Khan admitted that the SC has jurisdiction to disqualify parliamentarians but they cannot disqualify the premier on the basis of his speeches under Article 184(3) of the Constitution. “SC does not have jurisdiction to hold an inquiry into this matter,” the counsel said.
In the last proceedings, Makhdoom Ali Khan argued that in order to disqualify the Prime Minister a judicial declaration is needed.
Earlier on Friday, Makhdoom Ali Khan impressed the courtroom by citing a 2015 SC case in which Pakistan Tehreek-e-Insaf leader Ishaq Khakwani had sought disqualification of Prime Minister Nawaz Sharif for his alleged misstatement of facts in the National Assembly on Aug 29, 2014.
Against the backdrop of the PTI-led 126-day sit-in in 2014, the prime minister had stated that his administration would never ask the armed forces to mediate and become a guarantor between the government and the protesting parties — PTI and the Pakistan Awami Tehreek — to end their dharna on the Constitution Avenue.
In that judgement, the counsel argued, Justice Asif Saeed Khosa, who now heads the five-judge Supreme Court bench hearing the Panama leaks case, had observed that Article 62(1-f), which spells out qualifications and disqualifications of parliamentarians, was a nightmare and a feat of obscurity.
He said that the section in Article 62 about “Sadiq and Ameen (truthful and trustworthy)” gave a clean slate to frame anyone.
“The Supreme Court in the Ishaq Khakwani case had declared Article 62 of the constitution a nightmare,” he argued.
Talking to media, Pakistan Tehreek-e-Insaf (PTI) leader Naeem-ul-Haq expressed hope for an early decision on Panama Leaks case. He said, “PM has left with nothing for his defence after BBC report and Imran Khan’s arguments.”