Supreme Court resumes hearing of Sharifs' case today

20 Nov, 2008

The Supreme Court will resume hearing in Sharif brothers' eligibility case on Thursday to reach a conclusion in the governments' appeal against Lahore High Court (LHC) judgement, which had barred Pakistan Muslim League-N chief Nawaz Sharif from contesting elections.
Earlier on June 25, the apex court stayed by-elections in NA-123 (Lahore) until disposal of the Federation's petition against the verdict of the LHC. On November 12, a three-member bench of the apex court, headed by Justice Moosa K Leghari, Jusitce Syed Zawwar Hussain Jaffery and Justice Sheikh Hakim Ali, adjourned the hearing for November 20.
Appearance of the respondents before the court is the issue due to which the court has not reached any decision. The court directed Punjab Advocate General Khwaja Harris to intimate Sharif brothers regarding the court notices.
Earlier, the court observed that it did not want to take any extreme action, but wanted to provide an opportunity to the respondents for defending themselves. On the other hand, Nawaz Sharif in a recent interview, had said that he did not recognise the PCO courts.
Similarly, Deputy Attorney General Agha Tariq Mehmood requested the court to grant him some time as he had to take instructions from the government pertaining to the petition filed by the Federation against Nawaz Sharif's disqualification, saying the PML-N was no more a coalition partner.
Ahmad Raza Kasuri, counsel for one of the respondents, Syed Khurram Shah, was of the view that the Federation had no right to file the petition against disqualification of Sharif borthers as election was a matter between two parties. Hence the parties should appear before the court to settle their dispute. He said that Sharif brothers should appear before the court. "They are expecting justice while staying out of the court," he added.
Akram Sheikh, counsel for Noor Elahi, the proposer of Nawaz Sharif from NA-123 Lahore, said that Nawaz Sharif's appearance before the court was not necessary as he along with the secondrer was representing him.
He said that court was bound to do justice irrespective of the fact that one was properly represented in the court or not, justice must prevail. The LHC barred Nawaz Sharif from taking part in the elections on pleas from rivals that he was convicted of kidnapping attempt and corruption charges.
Similarly, in a case regarding the eligibility of Shahbaz Sharif, a two-member bench of the LHC had given a split verdict and the Chief Election Commissioner referred the matter to Applet Tribunal. On June 24, the government filed appeals with the Supreme Court against LHC order of disqualifying PML-N chief Nawaz Sharif from contesting a by-election and referring a challenge to the candidature of Punjab Chief Minister Shahbaz Sharif to an election tribunal.

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