The aftermath of Panama Papers judgment is turning out to be very interesting with PML-N defying logic to an amazing level. The most important question post judgement is what next. The disqualification of PM as member of house raises serious questions with respect to the judgment’s implementation and constitutional position in the present scenario.
Through the judgement the Election Commission of Pakistan (ECP) has been directed to issue the notification of Sharif’s disqualification under Article 62 of the Constitution of Pakistan, 1973 (Constitution) which entails a lifetime ban on the Ex-PM and the said notification has been issued which has not only caused him his seat in the National Assembly but also his Presidentship. Sharif is expected to lose his membership and Presidentship of PML-N as per Article 5 of Political Parties Order, 2002.
Judgment clearly directs the President of Pakistan to ensure continuation of democracy through implementation of the Constitution. In light of Article 90 of the Constitution Federal Government, headed by the prime minister, exercises the executive authority of the Federation in the name of the President. President under Article 94 is empowered to allow any prime minister to continue in office till a new prime minister is elected. Unfortunately, President may not be able to do so as Sharif has been disqualified under Art 62(1)(f), which as per dictum laid down in 2013 SCMR 1271, imposes a lifetime ban on him to contest elections in future. The President therefore, till the election of the new prime minister, is vested and mandated with the authority to run the affairs. President is even otherwise the symbol of Federation and has therefore been asked by the Bench to play his role.
The most interesting aspect of the judgment is the reasoning given by the Bench to disqualify Sharif. Accrual of salary has been termed as “assets” for the purposes of mis-declaration of assets which is a valid ground meriting disqualification of member. Even otherwise, Sharif’s accrued salary from family business was a good receivable which if not withdrawn was being used to promote the business which makes it even worse. Most legal experts in the country view it as far-fetched reasoning whereas I consider it a classical legal interpretation of the word assets under the elections laws so as to make the issue an undisputed question of facts leading to Sharif’s disqualification.
In the near future, as announced by PML-N, Shahbaz Sharif will contest the election of a member national assembly and become the PM. I foresee a tough bye election and PTI will use all its resources to prevent him from winning the said election. Joint opposition is also expected to come up with a candidate for premiership. The political canvas is getting extremely interesting which reminds me of the famous Chinese quote “may you be born in an interesting times”. We certainly are in an interesting era where as a student of law I have gone through majority of the constitutional provisions which otherwise would have been impossible.
Another important aspect of the judgment is the nomination of a SC judge to monitor the implementation of the judgement which essentially means that pretty much everything shall be supervised by the SC. SC has done that in the past in Sindh Police case where NAB was taken under direct supervision of the Justice Hani at SC, which bore exceptional results. The nomination clearly minimises the chances of PML-N exercising any influence over the NAB court. This model has borrowed from Indian jurisdiction in the famous Hawala Case.
Protection accorded to the members of JIT will be welcomed by all civil servants, aspiring to work with dignity and honour. Civil servants have always complained of lack of due support which issue has been quite validly addressed by the SC through the judgment.
PML-N’s reaction to the Sharif’s disqualification on a technical point and not on charges of corruption is quite absurd. SC in the first place could not have disqualified Sharif on the basis of corruption charges as almost all the charges require a trial which is why formation of references has been ordered through the Judgment. PML-N camp seriously needs to accept the judgment and move on instead of being contemptuous and terming it as ‘judicial murder’, remarks used by Jan Achakzai on tv. Such comments will only escalate the situation and are certainly not in furtherance of democracy. The judgment seems to have dispelled the notion that Sharifs are immune to accountability by courts.
SC has done its bit by rendering this landmark judgment and now it’s up-to the relevant institutions such NAB and subordinate courts to carry the baton with the same vigour in pursuit of a corruption free society. I would also suggest the PML-N not to challenge the judgement through filing of a review petition as the same can provide the Bench with an opportunity to dilate upon the matter further with clarity.
