Supreme Court hints at initiating ex parte proceedings against Sharif brothers

21 Nov, 2008

The Supreme Court on Thursday hinted at initiating ex parte proceedings in Sharif brothers' disqualification case at their failure to appear in person before the court. A three-member bench of the apex court headed by Justice Moosa K Leghari, Justice Syed Zawwar Hussain Jaffery and Justice Sheikh Hakim Ali postponed the hearing of Sharif brothers' eligibility case for December 4.
The issue of representation in the court has delayed the process of litigation as notices issued by the court to respondents (Sharif brothers) were not complied. At court's displeasure over the incident, it was apprised that Sharif brothers did not receive any notices due to some lacunas in the services. On November 12, while issuing notices to Sharif brothers the court had directed Advocate General Punjab, Khawaja Harris to personally intimate them regarding the notices.
Khawaja Harris told the court that he had informed the respondents regarding notices issued by the court. But Sharif brothers did not appear before the court. At this Justice Moosa K Leghari observed "from next hearing the court will start an ex parte trial in Sharif brothers' eligibility case if they do not appear before the court".
"Though our eyes and ears are close yet we are aware what is being said about us, we are not a commodity... everybody is trying to degrade and defame us even people belonging to the legal profession are maligning us", observed Justice Moosa K Leghari. "We are human, not angels", he added.
Earlier, the Deputy Attorney General (DAG) Agha Tariq had apprised the court that PML-N was no more in coalition with the government, therefore, he had to take instruction whether the petition would be retain or not. The DAG requested the court to grant him two weeks time saying he had to seek instruction from the government pertaining to its petition against Lahore High Court (LHC) decision that had barred PML-N chief Nawaz Sharif from contesting elections.
The court accepted the request and observed, as far as Federation is concerned we can wait for some time but it would be better if the atmosphere of the court is kept cool. Ahmad Raza Kasuri, counsel for one of the respondents Syed Khurram Shah, opposed the adjournment and requested the court to allow him to argue on the maintainability of the petitions.
Akram Sheikh, counsel of the proposer of Nawaz Sharif interrupted the hearing and said that Ahmad Raza Kasuri had already addressed the issue of maintainability so there was no need fresh arguments on the same issue. Sheikh said the petition was filed by the federation, therefore, the DAG would be allowed first to argue the case.
A. K. Dogar counsel for one of the respondents said though he was prepared to argue the case but the DAG should be given the opportunity of arguing at first as the case was filed by the federation. "We like to hear the matter in the manner you people want to argue", Justice Moosa K Leghari observed. The court adjourned the hearing till December 4.

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