The current week will be quite busy for Chief Justice of Pakistan (CJP) Mian Saqib Nasir as he is scheduled to hear two important cases, including a petition filed by deposed prime minister Nawaz Sharif and another one filed by Pakistan Tehreek-e-Insaf (PTI) leaders Asad Umar and Shireen Mazari.
According to details, Nawaz Sharif had filed a petition with the honourable court requesting that three references filed against him should be clubbed together and made one. The petition was filed after the Supreme Court (SC) gave its July 28 verdict, in which it directed the National Accountability Bureau (NAB) to file three separate corruption references against the deposed premier.
On the other hand, the petition filed by the PTI leaders requested investigation of the party funds maintained by Pakistan People’s Party (PPP) and Pakistan Muslim League-Nawaz (PML-N), alleging that they were receiving funds from unidentified foreign sources.
It is important to mention here that the two petitions had received objections from the SC Registrar Office, on which the petitioners had later made an appeal to the honourable court. The registrar had returned Nawaz Sharif’s petition on October 20 by raising objections over it. The hearing in this regard is scheduled for hearing in this week.
During the next hearing, admission of the petitions by the CJP would in effect set aside the objections, after which the SC Registrar Office would fix the cases before the benches concerned. The CJP is scheduled to hear the PTI petition on November 15, followed by Nawaz Sharif’s appeal on November 16.
In his petition, the deposed prime minister requested the SC to declare the July 28 verdict “per incuriam”, for being repugnant to the provisions of Articles 4, 9, 10-A, 13 and 25 of the Constitution.”
The petition also requested the honorable court to join references against him as multiple trials on a single charge would undermine his fundamental rights, holding of a fair trial and protection against double punishment, otherwise guaranteed under Articles 4, 10-A and 13 of the Constitution.
Nawaz Sharif also requested suspension of the accountability court’s proceedings until a consolidated reference was filed by NAB in regard to the alleged offence committed under Section 9(a)(v) of the NAO, 1999.
The petition also argued that filing of multiple references against Sharif, for an offence falling under Section 9(a)(v) of the NAO, 1999, was not only repugnant to the law, but it would also prejudice all future criminal trials in Pakistan, particularly cases pertaining to allegations of acquisition of assets beyond means. Therefore, it merits being setting aside in exercise of this court’s jurisdiction under Article 184 (3) of the Constitution.
On the other hand, in the reference filed by the PTI leaders, the petitioners requested the court to form a judicial commission to hold a probe into the party funds maintained by both PPP and PML-N, along with withdrawing their election symbols. The PTI leaders also requested the apex court to impose a ban on PML-N for putting the integrity and sovereignty of Pakistan in jeopardy.
Moreover, the petition sought disqualification of the PPP and PML-N chairpersons on the allegation of submitting fake certificates that carried details of their respective party funds.
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