Qamar Bashir<\/p>\n
Fervent rather panicky preparations are underway by the PML(N) spear\u00adheaded by fiery Maryam Nawaz Sharif to give a grand reception to Nawaz Sharif in their attempt to surpass and exceed the reception given to Mohtarma Shaheed Benazir Bhutto when she disembarked at Lahore Airport in April 1986 and was received by over two million supporters drawn from the entire country. They are also trying to outperform Mohtarma Benazir Bhutto when she arrived at Ka\u00adrachi airport in 2007 and was received by over 250,000 supporters. Mr. Nawaz Sharif is scheduled to arrive at Lahore Airport on 21st October after over four years of stay in London on Bail which was granted only for a few months.
\nThe Constitution has been and con\u00adtinues to be disregarded and overrid\u00adden when deemed suitable by those in power, despite the requirement for a constitutional amendment with a 2\/3 majority in parliament to make any specific changes. Regrettably, the Con\u00adstitution, since the time of the PDM has lost its status, reduced to more of a notebook than a sacred textbook that it should be. This disregard began with flouting the Constitution\u2019s express pro\u00advisions, such as the Supreme Court\u2019s di\u00adrective to hold Punjab and KP assembly elections within 90 days.
\nIn a decision with a 10-5 majori\u00adty, the Chief Justice\u2019s power to initi\u00adate Suo moto cases and form benches was stripped, allowing appeals against Suo moto cases. However, this decision doesn\u2019t have a retrospective applica\u00adtion, which means that individuals like Nawaz Sharif, Mr Jehangir Tareen and other parliamentarians disqualified for life by the Supreme Court won\u2019t be able to appeal their disqualifications. This development has cast doubts on Nawaz Sharif\u2019s chances of becoming Prime Minister for the fourth time and Jehangir Tareen\u2019s ability to participate in upcoming elections. Adding to the complexity, the outgoing government has introduced an anomaly in the Elec\u00adtion Act 2023, limiting disqualifica\u00adtions to a maximum of five years.
\nProponents of Nawaz Sharif argue that this limits his and Jehangir Tareen\u2019s dis\u00adqualifications to five years, allowing them to contest elections. On the other hand, many believe that these legal changes have crushed the hopes of Nawaz Shar\u00adif\u2019s fourth term as Prime Minister and Jehangir Tareen\u2019s ambition to lead the IPP in upcoming elections. Nevertheless, there are some exceptions in Pakistan. For instance, the Supreme Court has al\u00adlowed the retrospective application of laws that are curative or purely clarifica\u00adtory in nature. Additionally, laws that are deemed necessary to protect the public interest may also be applied retrospec\u00adtively. However, the right of appeal in the discussed scenario does not fall within these exceptions.
\nThe fate of both Nawaz Sharif and Je\u00adhangir Tareen remains uncertain until the case is brought before the Supreme Court, a suitable bench is constituted by a three-member committee of the most senior judges, led by the Chief Justice, and the matters are adjudicated upon before the filing of nomination papers. This situation places the destinies of not only Nawaz Sharif and Jehangir Tareen but also numerous other parliamentar\u00adians in a state of ambiguity. In standard legal practice, if the Supreme Court is in\u00advolved in a case regarding a candidate\u2019s eligibility for contesting an election, the candidate can still submit nomination papers. However, the election presiding officer cannot accept these nomination papers until the Supreme Court issues its final order on the case. In an alter\u00adnative scenario, if the Supreme Court confirms the candidate\u2019s eligibility, the election presiding officer will accept the nomination papers, allowing the candi\u00addate to participate in the election.
\nConversely, if the Supreme Court dis\u00adqualifies a candidate, the election pre\u00adsiding officer will reject the nomina\u00adtion papers, barring the candidate from participating in the election. In a differ\u00adent scenario, candidates can file nomi\u00adnation papers, and their names may ap\u00adpear on the ballot, but if the Supreme Court disqualifies them before or after the election, they will be disqualified even if they secure victory.
\nFor the PML(N), the first scenario is straightforward if Nawaz Sharif is ab\u00adsolved of his prior convictions, and his argument regarding the reduction of the disqualification period to five years is accepted. In this case, he would be el\u00adigible to run in the upcoming elections.
\nIn the second scenario, if the Supreme Court upholds Nawaz Sharif\u2019s lifelong disqualification, it poses a significant challenge for the PML(N). They would need to revise their narrative, which currently revolves around Nawaz Shar\u00adif as the sole saviour of Pakistan, imply\u00ading that no other leader within the par\u00adty or other political factions can resolve the nation\u2019s challenges. This could trig\u00adger internal strife within the PML(N) as contenders vie for the premier posi\u00adtion, with Shahbaz Sharif and Maryam Nawaz emerging as prominent candi\u00addates. If this unfolds, the PML(N) risks transforming from a democratic party into one resembling hereditary rule.
\nThis situation could prove advanta\u00adgeous for the PPP and potentially pave the way for Bilawal Bhutto to step into the void left by Nawaz Sharif and Imran Khan. However, it raises significant con\u00adcerns about the conduct of free, fair, and transparent elections and casts doubt on their credibility and legitimacy. This, in turn, exacerbates the country\u2019s polit\u00adical, law and order, financial, and eco\u00adnomic uncertainties.
\nIt is in our paramount national inter\u00adest that all political leaders can contest elections, and their acceptance or rejec\u00adtion should rest in the hands of the peo\u00adple through the power of their votes. This is a cornerstone of any well-func\u00adtioning democracy. This transforma\u00adtion can only occur when we transcend our vested interests, cease the pursuit of ego-driven and divisive agendas, and, above all, respect our sacred social con\u00adtract\u2014the Constitution, which binds the people and the state. Many nations have ascended to the pinnacle of glory, and so can we. It\u2019s high time that we rose as one nation, unleash our full potential, and reclaim our rightful place in the world.
\nThe writer is the Former Press Secretary to the President and Former Press Minister to the Embassy of Pakistan to France.<\/p>\n","protected":false},"excerpt":{"rendered":"
Qamar Bashir Fervent rather panicky preparations are underway by the PML(N) spear\u00adheaded by fiery Maryam Nawaz Sharif to give a grand reception to Nawaz Sharif in their attempt to surpass and exceed the reception given to Mohtarma Shaheed Benazir Bhutto when she disembarked at Lahore Airport in April 1986 and was received by over two […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[10],"tags":[12456],"class_list":{"0":"post-361790","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-article","7":"tag-qamar-bashir"},"yoast_head":"\n