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08-02-2017, 01:21 PM
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Fair trial not possible if SC monitors references against Sharifs, say experts
ISLAMABAD: Top legal and constitutional experts and senior leaders have taken an exception to the “request” of the five-member bench of the Supreme Court to Chief Justice Mian Saqib Nisar to nominate a judge for overseeing proceedings by the National Accountability Bureau (NAB) and accountability courts on the references against the Sharif family.
They are of the view that Fair trial is not possible and the independence of the judiciary would be hit if this request was accepted by the chief justice.The July 28 additional verdict said the chief justice is requested to nominate a Supreme Court judge to supervise and monitor the implementation of this judgment in letter and spirit and oversee the proceedings conducted by the NAB and the accountability court in the references ordered against deposed prime minister Nawaz Sharif, his children, Ishaq Dar, Capt. (retd) Mohammad Safdar and others. Supreme Court Bar Association (SCBA) President Rashid A Razvi told a TV channel that the independence of the judiciary would be affected if a monitoring judge was named.Former SCBA chief Kamran Murtaza asked as to why a time-frame has been fixed for the accountability for decisions on the references against the Sharif family when thousands of cases are awaiting disposal in courts. Why has just one case been picked up to be decided within a certain period? he further asked. Another former SCBA president Ali Zafar was of the view that when the highest judicial body would do the supervision, there would be no Fair trial. He said the courts should be allowed to do their work independently. Lawyer Babar Sattar said the accountability court should be allowed to work with an open mind. When its proceedings would be overseen by the Supreme Court judge, it would not be able to do justice, he said adding that the Supreme Court’s job should end with the filing of the references in the accountability court by the NAB.Justice (retd) Shaiq Usmani said that overseeing of the proceedings of the accountability by an apex court judge was not proper. However, the top court may seek fortnightly progress reports from the subordinate court, he said.He also said that the former prime minister can take the plea in his review petition that the judgment given against him has wide implications and, therefore, it should be looked deeply again. A number of legal wizards apprehend dire consequences of the July 28 judgment for several members of parliament especially due to the disqualification of Nawaz Sharif on a weak ground – not showing in his nomination papers the un-withdrawn salary, which was described as receivable and hence, an asset. They also disapprove the life ban on Nawaz Sharif on contesting an elected office and recommend that Article 62(1)(f) should be authoritatively interpreted. Some of them strongly believed that this was the one-time disqualification that will remain in force till the existence of the present National Assembly, and Nawaz Sharif can stand in the next parliamentary polls. They say the defects in the present judgment have to be removed. Noted legal expert Iftikhar Gilani holds this view and says that no MP could be ousted from electoral fight for life as per this constitutional provision.These experts also find fault with the ground on the basis of which Nawaz Sharif was disqualified. They say that a forceful review of the verdict was needed by a larger bench or the full Supreme Court. They said that if Nawaz Sharif requests the chief justice to form a larger bench or the full court raising constitutional and legal points in his review plea, Justice Saqib Nisar will be required to take a decision on it. They said that the chief justice has the discretion to constitute benches. أكثر... ??????? ??????: Fair trial not possible if SC monitors references against Sharifs, say experts || ??????: ahlam1399 || ??????: اسم منتداك
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