Signs of instability grow as Supreme Court disqualifies Sharif brothers: governor's rule imposed on Punjab

The Supreme Court on Wednesday upheld Lahore High Court's decision to disqualify Nawaz Sharif from contesting elections and, in another decision, annulled the notification declaring Shahbaz Sharif as member of Punjab provincial assembly.
The court not only dismissed petitions filed by Mehar Zafar Iqbal, proposer, and Shakeel Baig, seconder, of Nawaz Sharif from NA-123 (Lahore) but also penalised them to pay Rs 100,000 each.
The order stated: "Each of the applicants, namely Mehr Zafar Iqbal and Shakeel Baig, are saddled with a cost of Rs 100,000 to be deposited in the court within fifteen days. In case of failure, each of the applicants shall undergo simple imprisonment for three months".
For disqualification of Shahbaz Sharif, the court order states: "The notification issued by the Election Commission of Pakistan dated 23.6.2008 thereby publishing the name of Mian Muhammad Shahbaz Shairf and notifying him as returned candidate is declared to be null and void.
Consequently, Mian Muhammad Shahbaz Sharif ceases to be the member of Provincial Assembly of Punjab from PP-48 Bhakkar II. Election Commission of Pakistan is directed to issue a notification thereby de-notifying Mian Muhammad Shahbaz Sharif". A three-member bench comprising Justice Moosa K Leghari, Justice Sakhi Hussain Bokhari and Justice Sheikh Hakim Ali, dismissed petitions filed by the Federation, Speaker, Punjab Assembly, Chief Secretary, Punjab, proposer and seconder of Nawaz Sharif, against disqualification of Sharif brothers.
On June 23, 2008 Lahore High Court (LHC) had ruled that Nawaz Sharif was ineligible to stand in by-elections because of previous criminal conviction. Two days later, on Federation's appeal, the apex court had stayed the by-elections of NA-123 (Lahore).
Khurram Shah, challenged candidature of Shahbaz Sharif and had prayed the LHC to terminate the notification declaring him (Shahbaz) as member of provincial assembly. And a full bench of LHC had conditionally allowed PML-N president Shahbaz Sharif to hold the office of the chief executive of the province.
The apex court took eight months to decide the candidature of Sharif brothers after holding almost 39 hearings of the case. The decision came after the arguments of Attorney General Sardar Latif Khosa, who addressed the issues of recusal and constitution of larger bench, bias, PCO and locus standi of the petitioners in the case. Khosa said that constitution of larger bench is the prerogative of the Chief Justice and no person has the right to ask for the bench of his own choice.
The Attorney General said that all judges have taken oaths under the constitution and talking about the oath of the interim constitution was irrelevant. The Supreme Court had settled the issue of PCO in Iqbal Tikka case, he added. He said that Nawaz Sharif's proposer and seconder could become parties in the case if the court permitted them. He further said that it was the discretion of the judge to withdraw from the Bench and no one could direct him to pull out.
The AG defended the locus standi of the Federation, saying that it was a party in writ petition before the High Court and was not a stranger to the proceedings of the case. After the completion of AG's argument Advocate Akram Shiekh urged the court to let him answer points raised by the AG. The atmosphere of the court got tense when Akram said to the bench that "on the Day of Judgement", judges would have to justify their decision before Allah.
"What are you talking about?" observed Justice Moosa K Leghari. Advocate Akram, counsel for Mehr Zafar Iqbal and Shakeel Baig, while addressing the media after the announcement of the order, said that the judgement had proved that the decision by Nawaz Sharif and his brother Shahbaz Sharif not to appear before the Supreme Court was right.
He said that the Federation had played a dual role in the case, as after filing petition against disqualification of Sharif brothers it did not defend its petition. "The court had followed the instructions of President Asif Ali Zardari to disqualify Sharifs". When asked about his future plan of action whether to file a review appeal against the decision, he said that it would be decided by his clients, Mehr Zafar and Shakeel Baig.