LAHORE: The appointment of Justice Ijazul Ahsan of the Supreme Court as monitoring judge in references to be filed by the National Accountability Bureau (NAB) against former prime minister Nawaz Sharif and his other family members has been challenged before the apex court.

Barrister Zafarullah Khan of the Watan Party filed a petition at the Lahore registry saying the Panama case judgment delivered by the apex court and disqualification of an elected prime minister without trial would be remembered mostly for the infirmity of legal reasons, for question it raises about the integrity of the process leading to the verdict and for distorting institutional balance of power.

The petitioner contends that the very purpose of fair trial under Article 10-A of the Constitution is impossible if a judge of the SC continues to monitor the whole process from the joint investigation team (JIT) to NAB and the accountability court.

He argues that affected party cannot get fair trial from a lower court, which will remain prejudice by the apex court’s constant monitoring. He points out that there is no precedent that a Supreme Court judge had monitored a specific case in lower courts. Furthermore, he says, the NAB ordinance does not have any clause for monitoring of the court’s proceedings by a superior court judge.

Barrister Khan submitted that the judiciary of Pakistan unfortunately does not have an illustrious history when it comes to standing up for democracy and constitutionalism or exhibiting allegiance to the scheme of institutional checks and balances.

He asks the court to declare the appointment of Justice Ahsan as monitoring judge in the NAB references against the Sharif family null and void for being violative to right to fair trial under Article 10-A of the Constitution. He pleads that the monitoring of the trial court proceedings by a judge of the SC would obstruct the course of justice.

He also asks the court to provide Nawaz Sharif with a right to appeal like other cases taken up under Article 184(3) of the Constitution.

Published in Dawn, August 8th, 2017

Opinion

Editorial

Kashmir unresolved
Updated 30 Sep, 2026

Kashmir unresolved

The just solution lies in India addressing the issue through a trilateral dialogue involving the legitimate representatives of the Kashmiri people and Pakistan.
Water shortage
30 Sep, 2026

Water shortage

THAT the country is entering the Rabi season with an anticipated water shortage of nearly 25pc, the lowest carryover...
Young hearts
30 Sep, 2026

Young hearts

THE observance may have passed, but the message of World Heart Day should not fade with it. The occasion is a useful...
Terror and politics
Updated 29 Sep, 2026

Terror and politics

There is an urgent need to tone down the rhetoric and tackle terrorism as a collective challenge for both the affected provinces and the federation.
Watching the glaciers
29 Sep, 2026

Watching the glaciers

THE latest signs from Pakistan’s mountains are worrying. Suparco says the number of unfrozen glacial lakes it...
Dangerous agenda
29 Sep, 2026

Dangerous agenda

AS the world remains fixated on the US-Iran conflict, elsewhere in the Middle East, Israel is consolidating its grip...