The Supreme Court on Tuesday summoned proposer and seconder of Nawaz Sharif along with their affidavits pertaining to submissions made by their counsels for constitution of larger bench to decide Sharif's electoral eligibility.
The court directed Mehar Zafar Iqbal, proposer and Shakil Baig, seconder of Nawaz Sharif to appear in person before the court on Wednesday (today). A three-member bench of the apex court comprising Justice Moosa K Leghari, Justice Sakhi Hussain Bukhari and Justice Shiekh Hakim Ali asked Advocate Akram Sheikh and A. K. Dogar to submit their affidavits. Akram Sheikh, counsel for Mehar Zarfar Iqbal, requested the bench to summon Khurram Shah and Noor Elahi (respondents) who had challenged nomination papers of Sharif brothers at Lahore High Court (LHC). However, the court did not accept the proposal.
Advocate Ahmed Raza Qasuri, counsel for Khurram Shah resuming arguments said that the court had played vital role in bringing country back on the track of democracy. It was decision of the court (SC decision on November 23, 2007 which validated actions of November 3,2007) which helped stabilising the country, he added.
While arguing against the recusal of the bench Qasuri said that there was no bias in judges and they have took oath under the constitution. He said that the prayer of the application is not for constitution of a larger bench but is for an appropriate bench, adding by appropriate they (Sharif brothers) mean a bench of their own choice.
Justice Sheikh Hakim Ali said Article 270 AAA has been given a legal protection by the court and the ratification was up to the parliament, adding the judges followed the oath mentioned in the constitution; therefore, there was no distinction among the judges. Qasuri said the Sharif's have publicly announced not accept the PCO courts and Chief Justice Abdul Hameed Dogar but are being represented by their front men, Mehar Zafar and Shakil Big.
If they (Sharif brothers) do not acknowledge the court and the PCO, then who will constitute the larger bench as the CJ had also taken the same oath, observed the bench. How can proposer and seconder be front man and there is no statement against judiciary on their behalf, observed Justice Moosa K Leghari while issuing a direction for their appearance before the court. A K Dogar urged the court to stop Qasuri from levelling charges against those (Sharif brothers) were not present in the court to keep the atmosphere pleasant.
Justice Moosa K Leghari said that now you are realising about the atmosphere of the court, which you did not in previous five days during your arguments.
Akram Sheikh requested the court to decide the matter application for constitution of larger bench at first. But the bench said that it had never committed to decide it at first rather it would decide candidature of Nawaz Sharif at first. The court adjourned the hearing for tomorrow (Wednesday).