Time-limit for winding up Sharifs’ case sought

Time-limit for winding up Sharifs’ case sought 

Wednesday, 18 Feb, 2009 | 12:58 PM PST | 
 
 
‘It is one of the fundamental principles of democracy that no constituency should remain unrepresented for a long time.’—APP/File Photo 

ISLAMABAD: An application moved on Tuesday requested the Supreme Court bench hearing the case of Sharif brothers' electoral eligibility to set a time-limit for winding up the argument in the interest of justice. 

The application was filed by Advocate Ahmed Raza Khan Qasuri, who represents Khurram Shah, a voter, and Noor Elahi, an independent candidate, in the case. 

He accused the counsel for Mehr Zafar Iqbal and Shakeel Baig, proposer and seconder of Nawaz Sharif’s candidature in a by-election, of deliberately adopting delaying tactics to gain time to build a movement outside the court. 

‘Even their address to the court is meant for public consumption and flavour,’ the application said. 

A three-member bench comprising Justice Mohammad Moosa K. Leghari, Justice Syed Sakhi Hussain Bukhari and Justice Sheikh Hakim Ali was hearing appeals of the federal government against the June 23, 2008, order of the Lahore High Court disqualifying Nawaz Sharif from contesting the by-election for having been convicted in the plane conspiracy case. 

‘The day to day proceedings on the question of constitution of the bench and maintainability of petitions have been continuing since long. But the actual aggrieved persons, Mian Nawaz Sharif and Mian Shahbaz Sharif, are deliberately staying away from the court proceedings. Instead, their frontmen Mehr Zafar Iqbal and Shakeel Baig, federation of Pakistan, speaker of the Punjab Assembly and chief secretary are desperately trying to walk into the arena of the apex court,’ the application alleged. 

It said: ‘Should the court extend them unhindered right of address for indefinite period on minor matters like making a party in the case and application on recusal?’ 

‘Constituency NA-123, from where Nawaz Sharif is contesting and where the by-election has been stayed by the apex court, is being unrepresented whereas constituency PP-48 (Bhakkar) is ‘usurped’ by a person (Shahbaz Sharif) who suffers from inherent disqualification.’

‘It is one of the fundamental principles of democracy that no constituency should remain unrepresented for a long time.’ 

Citing Article X of Code of Conduct for Judges of the Supreme Court and High Courts framed under Article 209 (8) of the Constitution, the application said the court was required to conduct its proceedings in a manner so that litigation was not unnecessary prolonged. 

‘A party which is using contemptuous and derogatory language against the majesty of justice and dignity of judges at all available forums, yet they keenly look for justice from a court which, unfortunately, they do not recognise. This is a blatant contradiction,’ the application said. 

Justice Hakim Ali observed that if a person did not appear before the court, it would be imagined that either he had nothing to say or was unable to defend himself.