The Pakistani Spectator

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Nawaz Sharif’s Ineligibility for By-Elections

By Rohail Butt • Jun 23rd, 2008 • Category: Politics • 25 Comments •

The 3-member full bench of Lahore High Court (LHC) has declared Pakistan Muslim League (N) Chief Nawaz Sharif ineligible to contest the by-elections and allowed Shahbaz Sharif to continue to work as Chief Minister Punjab. The court in its verdict also said that Shahbaz Sharif’s case should be considered as pending.

This is yet another sad decision in the history of Pakistan. This decision cannot be seen in the isolation. Many events and incidents and conspiracies have led to this decision. The most glaring and underlined factor in this regard is the plethora of efforts to derail the process of democracy and to sabotage the mandate of 18th February.

This would also tell Nawaz Sharif a lesson, who was going way over the board to keep his government in Punjab intact and has been giving many flexibilities to PPP in the matter of judges restoration and the ouster of Pervez Musharraf. Even the deputy attorney general asked the courts that these petitions are not maintainable and even then the decisions were given. Nawaz Sharif is the most popular leader in Pakistan and his popularity ratings are 86%, and he has remained prime minister for two times, yet he is ineligible for the elections; that is preposterous and absurd.

Musharraf is striking back. The PDA coalition has perhaps lost the ground. They missed the opportunity of the Bhurban Declaration, they failed to capitalize on the Long March, and now they have got the first blow. Asif Ali Zardari perhaps knew the decision, and now it’s time that forces of change must unite and struggle against the status quo.

This decision is the mockery of the justice and democracy.


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25 Responses »

  1. I don’t know the details on whether the decision is based on the fact that he did not appear in front of the court or because he was convicted for a crime and decided to stay in a palace in Jeddah instead of prison thru a Deal.

    It is interesting that PML-N is the one who proposed to increase the size of the judiciary (according to Sherry Rahman) so that they can accommodate the existing judges. They should have the heart to accept the decisions of the same judiciary they are proposing to retain otherwise it will be another example of ‘Munafiqat’ from the Sharif Brothers.

  2. Nawaz Sharif: A History Of Ingratitude
    Mr. Sharif is not as innocent as he portrayed himself to be. If Mr. Sharif wants accountability, let’s open all the books.

    By MIRZA ROHAIL BAIG
    Saturday, 14 June 2008.

    ISLAMABAD, Pakistan—If you are one of the Pakistanis who applauded former prime Nawaz Sharif when he addressed a crowd of deranged lawyers and paid hungry supporters – who turned the most expensive piece of property in the heart of Pakistan’s federal capital into an open air toilet last night, then you should know that Mr. Sharif is not as innocent as he portrayed himself to be.

    This is a guy who went shopping in Washington DC for a U.S. $ 25,000 watch as brave Pakistanis died fighting for their honor in Kargil, a battle that Mr. Sharif ensured we lost because he was busy in a personal fight with the nation’s military leaders.

    Mr. Nawaz Sharif’s record is so embarrassing that, in another country with educated voters, he would never be reelected by the people.

    His record includes unforgettable lapses and mistakes, each of them worthy of an inquiry commission that could disqualify him for life:

    1. This man declared emergency after the May 1998 Nuclear detonations. Under the pretext of sanctions, he swallowed up the nation’s $10 billion foreign reserves. No questions asked and no accountability since!

    2. This man, Nawaz, siphoned off millions of dollars of the money collected under the ‘Qarz utaro mulk sanwaro’ scheme where he appealed to the Pakistani nation’s patriotism and asked everyone to donate money to pay off the national debt. No accountability so far!

    3. This man was shopping for $25,000 Philip Patek watches in the United States when our brave soldiers were dying in Kargil. No shame!

    4. This man built a 2000-acre Raiwind palatial complex for himself and his family when our nation was contributing to the ‘Qarz utaro mulk sanwaro’ scheme to pay off the national debt.

    5. This man Nawaz is a PROTEGE of past military rulers who turned him from a dumb, Nehari-loving imbecile into a leader. General Imtiaz brought him from Dubai. General Jillani and General Zia-ul-Haq groomed him. Lt. Gen. Hameed Gul created for his an entire new political party, the IJI. Today he makes fun of the military. It says something about his character. He is an ungrateful person, someone we call EHSAAN FARAMOOSH in our language!

    6. He is the first ruler in the history of Pakistan and maybe the world who ransacked the Supreme Court building and unleashed the private armed thugs on Shahbaz Sharif’s payroll as a private Sharif Militia and used them to stone the building of the Supreme Court and chase out its judges who dared to challenge his actions in 1997.

    7. More than 80 complaints of corruption and misuse of authority were pending at different stages of inquiry, investigation and trial against former PM Nawaz Sharif when he was granted pardon by the president and went into a self-chosen exile. The complaint said Nawaz Sharif did not mention in his declaration of assets in the nomination form for NA-12 in 1997 that he owned a helicopter. It was alleged that he did not pay duties of Rs. 30 million on this machine. Don’t take my word for it, check this news story: http://www.millat.com/ghalibcom/events/nawaz%20exile/80_cases_pending_against_nawaz_b.htm

    8. According to a report:

    8.1 Rs. 1.5 billion loan was taken out by the Sharif brothers against the security of their company, Ittefaq Foundries
    8.2 Rs. 302 million were obtained for Brothers Sugar Mills
    8.3 Rs. 92 million for Brothers Textile
    8.4 Rs. 392 million for Brothers Steel Mills
    8.5 Rs. 102 million for Ramzan Sugar Mills and Khalid Siraj Textiles each
    8.6 Rs. 385 million for Ittefaq Sugar Mills
    8.7 Rs. 368 million for Ittefaq Textiles and
    8.8 Rs. 239 million were loaned to Ittefaq Brother.

    9. The Nawaz family which is now one of the richest in the country largely due to the largesse of Pakistani banks has unveiled its one billion rupee Raiwind Complex. Spread over an area of around a thousand acres it houses palatial residences, a 300 acre farm, a 500 bed hospital, a school, a medical teaching facility, 200 acre dairy farm, a 350 line telephone exchange, Polytechnic institute, Nursing and Midwifery school etc. The Sharifs who must really be minting money have built it all in 17 months at a cost of Rs 740 million. The Punjab government headed by a Sharif has chipped in by providing government-funded roads and forcibly purchasing land for papa Sharif. http://www.geocities.com/CapitolHill/Lobby/2423/20.html

    10. Nawaz is currently Pakistan’s 4th RICHEST MAN in the list ‘Top 40 Richest Pakistanis’.

    11. Nawaz has asked for Pakistan to open permanent border with India, VISA-FREE! Why doesn’t he simply call for making both one & same country? This way he’ll get an endless supply of Indian music DVDs that he so loves!
    Finally, when Nawaz’s son was suspected of having blood cancer and needed treatment in London, Pervez Musharraf violated his own 10-year agreement with the Saudis and ordered the Pakistani Embassy in Riyadh to provide the Sharifs with passports on humanitarian grounds.

    Musharraf again put the exile agreement aside and helped Shahbaz Sharif get treatment in New York.

    In comparison, Mr. Nawaz Sharif could have shown magnanimity and rise above petty revenge and address the real issues facing Pakistan, internally and in the region.

    Mr. Baig is a Pakistani commentator. He can be reached at opinion786@yahoo.com

  3. Kangaroo Courts they are. They can allow a general in uniform to contest the election of the President, and they are not ready to allow two time PM to become a member of parliament.

  4. That’s sad, he should be in the parliament. I would say that every politician including Zardari should be in the assembly, and the parliament should be the place where decisions be made.

  5. Well the decision has not come as a shock to most of us esp after the revelations true or false about the offer made by incumbent defacto CJP Mr Justice Dogar sb. about making it all go away if Sharif backs off from the demand of restoration of Judicary.

    Its the time for Zardari House and those associated with it to think and think hard for with decisions such as these coming from the present Judical setup, the popularity ratings of Nawaz Sharif and his party will keep on rising for the masses in general will presume of it to be an act of the sitting govt to keep Nawaz Sharif away from the assembly.

    Also another very interesting aspect of all this is the NRO itself. For NRO was designed/fabricated in such a way that it gave cover to the actions of Asif Ali Zardari BB and MQM in general but not that of Nawaz Sharif and his associates. In the eyes of general public it was a designed act on part of Presdiency and then BB-led PPP whose reign are now in the hand of Zardari sb himself to keep Nawaz away from the country or in prison.

    It should also be given a due thought for the economic system already unstable in the country will move towards the extent of crippling due to ever continuing uncertainity in the country.

    The claims that a two times PM not being allowed to contest seems something fishy, well the idea seems as ridiculous as the claim…..for quite frankly speaking if a person has committed irregularities in his second tenure he would have to be stopped when he is making a run for the third.

    However, the issue here is not this but the fact that people of Pakistan in general precienve that free judical decisions cannot be expected from the present courts and they are living upto the people’s expectations.

    Not to forget that the law of the country which is rarely considered but still it states that the eligibility cannot be contested if the person whose eligiblity is being contested is noi longer a candidate from that particular constituency which was the case in this particular incident.

    And I guess it is also a time that Bilawal Bhutto Zardari gives a thought to all the actions being taken by his father for By God the way he is moving their would be too little of PPP left for him to head.

  6. Rohail Butt says “Kangaroo Courts they are. They can allow a general in uniform to contest the election of the President, and they are not ready to allow two time PM to become a member of parliament.

    Kangroo Courts? Is it double standards? I thought Sharif brothers are fighting to bring the same court and Judges back who took oath under PCO and allowed a general in uniform to contest the election of the President.

  7. It is a good “Kangroo Court”, it never hurts if you have to deal with one less ‘convicted criminal’. If it takes one such court to rid us of one ‘thief’ - how many will take to clean the system?

  8. Following is a quote from my response, to Talal Husain Malik, somewhere else regarding “guilt” and “pardon” . See, if holds here, too.

    “Malik Sahib, the burden of guilt remains. For amputation of guilt there has to be a pardon and pardon can be granted when the crimes committed are repented, apologies made, forgiveness begged. This has to be done otherwise crimes become a way of life in a society which unfortunately we all live every day.”

    Few such examples will help!

  9. Kheshgi,

    When you are talking about double standards please don’t forget that this is the same mean politician who had attacked Supreme Court in order to bring judges of his choice and now he is dying to restore the deposed judiciary.

    And people will see that if Ch. Iftikhar is restored and he acts against Nawaz Sharif wishes then what he will do to Ch. Iftikhar.

    Both brothers are devoid of any sense of patriotism and really are characterless politicians and the day they came to Pakistan, the country is in continuous chaos and anarchy.

    I don’t why Allah given these type of NANG-E-WATAN AND BESHARAM people such a long life.

  10. ALLAH IS GREAT ALLAH ALWAYS GIVE ONE CHANCE TO EVERYONE WHO DO TOOBA FROM THE WRONG THINGS WHICH HE HAS DONE IN HIS PAST AND ALLAH ALSO BLOCKED THE HEART OF THOSE PEOPLE FROM HIDAYAT WHO KNOW WHAT IS RIGHT AND WHAT IS WRONG AND STILL DEFEND THE WRONG ONE AND FIGHT FOR OWN WISHES INSTEAD OF FIGHTING FOR THE RIGHT
    This is nothing but revenge and current judges are not doing their duties, they are defending DICTATERSHIP I just want to ask 1 simple question from aashique of musharraf that as you said lot of things about MIAN MUHAMMAD NAWAZ SHARIF; my question is can u think that more then 16 million peoples of pakistan are that much stupid that after get informed these information about NAWAZ SHARIF ,they elected them and give that huge mendate to his party PML(N). I think NO , the people of pakistan are not that much stupid

  11. UMAR, how about the rest of the 140 million people in Pakistan?

  12. Another interesting development : Syed Zafar Ali Shah, Nawaz League’s senior leader explains and since these two brothers support the Rule of Law and Free Judiciary; you can be rest assured that they will abide by the law :

    Shahbaz may lose CM slot: Zafar

    By Our Political Correspondent

    LAHORE, June 23: A central leader of the PML-N, who is also a senior lawyer, is of the view that after Election Commission’s notification that Mian Shahbaz Sharif has been elected unopposed as a member of the Punjab Assembly from PP-10 (Rawalpindi), his seat PP-48 (Bhakkar), on the basis of which he became chief minister for a second time, has fallen vacant under Article 223 (4) of the Constitution.

    Syed Zafar Ali Shah said while talking to Dawn on Monday that if PP-48 fell vacant, it would not be possible for the PML-N president to stay as chief minister.

    And once the chief minister quits, the provincial cabinet also ceases to exist.

    The PML-N leader said the situation had far-reaching consequences for the political future of Mian Shahbaz Sharif as in case he quit, he could not become chief minister again.

    Explaining the point, he said under “The qualification to hold public offices order, 2002 (Chief Executive Order 19 of 2002)” nobody could become chief minister for a third time unless the law was amended with the approval of the president.

    Mian Shahbaz, Zafar Ali said, remained chief minister twice (once in 1997-99 and then after winning the Bhakkar seat in 2008). And if he had to quit and was made to quit, he would not qualify to hold the office yet again.

    He said Shahbaz Sharif could become a member of the Punjab Assembly after taking fresh oath as a representative from PP-10 (Rawalpindi). However, he said, he could not continue as the chief minister.

    Zafar Ali Shah said Article 223 (4) says: “Subject to Clause 2 if a member of either house or of a provincial assembly becomes a candidate for a second seat which in accordance with clause 1 he may not hold concurrently with his first seat, then his first seat shall become vacant as soon as he is elected to the second seat”.

    He said this clearly showed that after getting elected from PP-10, Mian Shahbaz Sharif’s seat PP-48 (Bhakkar) had fallen vacant since the date of the notification.

    Punjab Election Commissioner Javed Khurshid confirmed that a notification for Shahbaz Sharif’s victory from PP-10 had been issued and that by-election on this seat would not be held on

    June 26.

    The PML-N leader held people around Mian Shahbaz Sharif responsible for the situation facing the Punjab chief minister. He said had the political and legal teams given Mr Shahbaz Sharif the right kind of advice, he could have withdrawn his nomination papers from PP -10 after getting elected from PP-48.

    He said some PML-N leaders were involved in conspiracies against Mian Shahbaz Sharif. He said the failure to take back nomination papers from the second seat was a major lapse for which the PML-N president could have to pay a very heavy political price.

  13. Petition filed

    LAHORE, June 23: The Lahore High Court has been moved to direct the Punjab Assembly speaker to disallow Punjab Chief Minister Shahbaz Sharif to enter the provincial assembly because he had ceased to be the chief minister.

    Petitioner Shahid Orakzai said according to Article 223 (4) Shahbaz Sharif had lost the right to retain PP-48 Bhakar seat after being declared the successful candidate from PP-10, Rawalpindi.

    He added the Article 223 says “if a member of either House or of a Provincial Assembly becomes a candidate for a second seat which, in accordance with clause (1), he may not hold concurrently with his first seat, then his first seat shall become vacant as soon as he is elected to the second seat.”

    Mr Shahbaz was declared a returned candidate after a full bench of the LHC disqualified Mr Orakzai as a candidate from the same constituency. Earlier, 28 candidates had withdrawn from PP-10.—Reporter

  14. AFTAB I THINK YOU FORGET TO COPY PASTE THIS NEWS…PLEASE READ IT CAREFULLY. ITS SLAP ON YOUR FACE STRAIGHT FORWARD. HE IS A LEADER OF PAKISTAN AND ITS OUR RIGHT TO WHOM WE SELECT AND TO WHOM WE REJECT.

    Filed Under Featured Articles
    June 23, 2008
    Nawaz Sharif, The Most Popular Leader in Pakistan

    Nawaz Sharif has emerged as the most popular political leader in Pakistan today. A striking 86 per cent of Pakistanis have a favourable opinion of Nawaz Sharif who has also seen a steady rise in his popularity, from 57 per cent favourable in the August 2007 poll, to 74 per cent in January 2008 and 86 percent today.

    The survey by two Washington based think tanks , New America Foundation and Terror Free Tomorrow (TFT) find a surge in public support for former Prime Minister Nawaz Sharif and his party PMLN.

    “In the first poll before the elections, our survey shows that Nawaz Sharif is now the most popular political leader in Pakistan. Mr. Sharif’s party, the PML-N, would emerge as the clear winner in any national contest, far eclipsing the current largest party in Parliament, the Pakistan Peoples Party (PPP).”

  15. I was already expecting such filthy game by Mushi and NRO people (PPP and MQM). They are unable to digest popularity of this man. He is emerging as strong power against distatorship and establishment. Off course, these PCO judges are part of this game…how we can expect good from them.

    I can loudly say today. If ever courts would tried same against any other party leader like PPP, MQM, ANP…. these same bloody supporters of Mushi and NRO would be crying and busy in copy paste comments against PUNJAB. They would be straight forward putting all allegations on PUNJAB. These people are hypocrites and we cant expect even a single positive word from their mouth.

    You are as coward as your leaders are. One is saving himself in Army House and other in UK. If they are so powerful then ask them to even to come out once. or ask Iltaf to even book ticket for Pakistan.

  16. The survey was conducted in Raiwind and the sample population was 10 out which 86% said that they love Nawaz Sharif he is most popular among us 8 and 0.6 people.

  17. Its nothing like that dear. Don’t trust on Shery rehman wordings.

    Even yesterday, Shahbaz Sharif came on TV in Live show. He straight forward said that ” Main Muhammad Sharif ki Aulad nahee hoon ga…agar Supreme Court main Apeal ki on Y’day court decision”. I know that Shahbaz Shairf is more flexible than Nawaz Sharif but these wordings are said by same man. It means they are not going to even appeal for their rights because PCO judges Filth only. PMLN is not greedy of seats and we are with them too. Its not a fight for seats. Its fight between good and evil. Inshallah soon Good will win.

  18. Lets Celeberate Dawn of Democracy!

    Civil Dictators are stopped!

    Lets respect the High Court Decision - Punjab High Court (they are the best!) not Sindh High Court or Balochistan High Court or even Peshawer High Court

  19. Just see and read integrity and authenticity of this company. who do world wide surveys.

    You are that bird who closes his eyes when cats comes to catch. Closing eyes can’t save you dear. Its time for the death of evils and falsehood. This court decision is good because first time in the history…Punjab people have started thinking about their rights. Most of us are now thinking as PUNJAB ZINDABAD. We need democracy and democratic system. If you love Mushi then take him to Karachi and lick him. Two other bloody parties are already there for serving you with Bhatta and kick bags and 10% commissions. We are happy without them.

  20. Come on you are not a cat!

  21. It is their problem whose sons they are, we would rather concentrate on this court decision and we all law abiding, lovers of judiciary, and admirers of Rule of Law must respect and abide by this history making decision. Thank God it was decided by Punjab High Court at Lahore and not anywhere else by any other courts. Lahore High Court Zindabad - Judges Zindabad - Judiciary Zindabad - Pakistan Zindabad.

  22. Lawyers’ March Zindabad!

    Retired Judges Zindabad!

    Former CJ Zinadabad!

    Former PM Zindaabd!

    Former Chief Minister of PUnjab, Zindabad!

  23. I’m not a cat. I’m giving example that by not accepting actual result…we can’t say that SUB ACHA HAI.

    Aftab, Its my very serious observation that first time in the history…Punjabis have started talking on “LETS GETS SEPRATE” and kick this establishment towards its loves i.e. SIND specially. We always tried our level best to work for united Pakistan but it seems that our dreams won’t come true under things like NRO. I’m by God not supporter of any party. I want rule of law and justice in Pakistan. if other provinces don’t like it then its better that we apply in our province…where majority is in favor of it. We can’t see rapists, killers, culprits, thrives, black marketers living respectfully and innocent are target of them. How much we compromise… We not built Kala bagh for the happiness of other provinces…our and whole Pakistan mothers and sisters are sitting in streets due to no electricity. We are giving more water of our quota to Sind for keeping good relations…our farmers are effecting badly. their lands are getting dry. We are major victims of Dictators because every time dictator comes from Sind or NWFP…why we should suffer now again. Majority of our lawyers are civil society is on roads for justice… they are facing bullets, tear gases, stones etc etc…but still PUNJAB is like Galee on every opportunist. Its better to remain away and fight for PUNJAB only. Its greatness of Punjab Big party that they never used word Punjab…Sind etc. But on other sides… MQM, PPP and ANP uses it for political reasons because they are not sincere and can’t help their areas so uses words…PUNJAB kha gaya… These bloody parties are still with Dictatorship and still not serious to rescue Pakistan. Busy in keeping main leadership away from elections…

  24. Aftab S. Alam Says:
    June 23rd, 2008

    Talha Lodhi Says: June 23rd, 2008 “……….It was with utmost disgust that I finally managed to read all the comments on this blog.
    However I guess the time has come that we stand together as ONE UNIT and ONE NATION and counter all the forces that be working against it by giving off the rights to the people of this country. Let their be a true democracy and not a CIVILAN DICTATORSHIP as Muskan has put it in one of her blogs.
    Let us rise above the concept of Punjabi or Pathan or Muhajir.”

    Talha, I am all for what you stand for and whole hartedly support you.

    GOOD THING BUT SHOULD BE FOLLOWED FOREVER.

    I’M IN PAIN THAT EVEN AFTER 18 FEB…OUR MANDATE HAS BEEN HIGH JACKED BY ESTABLISHMENT. ALLAH IS AT LEAST WATCHING SINCERE EFFORTS OF SINCERE PEOPLE AND HE WILL SURELY BLESS THEM MORE POWER TO STAND AGAINST STRONG RESISTANCE. INSHALLAH.

  25. Saleem Khan,

    You will never understand what is mandate. The mandate was given to Pervez Musharraf, count the no. of votes the parties he was supporting and then think and think and then stop crying of mandate of 18 Feb

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