ISLAMABAD, Aug 9: The Supreme Court on Thursday served notices on Attorney-General Malik Mohammad Qayyum and advocates-general of the four provinces to answer questions raised by exiled former prime minister Nawaz Sharif and former chief minister Shahbaz Sharif in their petitions seeking permission to return to Pakistan to participate in the coming general election.
A Supreme Court bench comprising Chief Justice Iftikhar Mohammad Chaudhry and Justice M. Javed Buttar, which took up the petitions of the PML-N leaders, noted that the Supreme Court had granted a similar relief in 2004 when one of its benches allowed Shahbaz Sharif to come to Pakistan. That judgment still held the field and, therefore, should be respected, the bench observed.
Senior Advocate Fakhruddin G. Ebrahim, representing the petitioners, regretted that despite the Supreme Court order, Shahbaz Sharif was forcibly flown back to Saudi Arabia in a special aircraft on May 11, 2004, when he tried to return home.
Quoting Article 190 of the Constitution which bound executive authorities to come in aid of the Supreme Court and implement its orders, the chief justice enquired about the person who was not implementing the court’s judgment.
“How dare he say he will not give the relief when the court had ordered so,” the chief justice said and asked did the petitioner proceed against non-compliance of the court order.
The counsel said his client had approached the Lahore High Court through a petition but the case was never listed.
“It is your fundamental right and nobody can stop you from coming to the country,” the chief justice observed and recalled that the Supreme Court in its earlier judgment had held that the federal and provincial governments had not disputed the citizenship of the petitioners and that they neither had brought any record nor any agreement to force them into exile.
“My clients hold Pakistani passports,” the counsel said and cited Article 15 and a book titled “On Constitution of Pakistan 1973” to establish that every citizen enjoyed the unconditional right to remain in his country.
“The PML-N is a political party and its leaders have been twice elected prime minister and chief minister and they have a right under Article 17 of the Constitution to carry out political activities in the country,” the counsel said.
He said his clients were coming back to the country with a purpose which was not only lawful but obligatory and in paramount interest of the country.
“We are concerned about the future of parliamentary democracy in Pakistan, which can only be undone by two-thirds of parliament and not by anybody or a gentleman in uniform,” he emphasised.
At the outset, Advocate Ebrahim said he was appearing before the court full of joy and confidence and his joy knew no limits.
“It’s a new court since July 20 (when the chief justice was restored) and my happiness is beyond measures. I am appearing before a newborn and rejuvenated court.” “Allah be praised.”
“We have gone through the earlier judgment and consider appropriate to issue notices to respondents for Aug 16,” the bench observed after hearing the arguments of the counsel.
