Bern [Switzerland] : The exiled Chairman of United Kashmir People`s National Party(UKPNP), Sardar Shaukat Ali Kashmiri, has termed the Pakistan Supreme Court’s verdict of disqualifying Prime Minister Nawaz Sharif as the worst judgement in the country’s judicial history.
“The date of 28th July 2017 is a black day in the judicial history of the world. The instant judgment will destabilize the democratic institutions and process in Pakistan, which are already weak .. and facing challenges as well as crisis,” Kashmiri said.
He said a verdict was announced without wisdom by the judges.
“The instant judgment is fabricated as well as designed by the so called elite and feudal class in connivance with the military autocracy and civil bureaucracy, backed by religious Mullah forces who don’t believe in democracy as well as rule of law in the country,” Kashmiri said.
He further said that the Supreme Court has been used as tool for removing an elected Prime Minister as well as replacing Article of 58(2B) of the Constitution of 1973.
Kashmiri said this instant judgment will be remembered in global history as a judicial murder of democracy, democratic and constitutional processes, as well as rule of law and defeats the concept of respect for the people`s mandate.
“Wisdom doesn’t prevail in this judgment and it’s blocked the democratic progress and economic development, it will promote religious violence, poverty and intolerance,” he added.
Kashmiri said this verdict by the apex court is replacement of “Operation Midnight Jackal“ which was chalked out against Benazir Bhutto for removal through a no confidence motion.
Pakistan Supreme Court‘s five-judge larger bench headed by Justice Asif Saeed Khosa on Friday unanimously announced the verdict, disqualifying Sharif as it delivered the Panamagate verdict.
The court said that Sharif had failed to disclose his ‘unwithdrawn’ salary as chairman of a United Arab Emirates (UAE) based firm at the time of the filing his nomination.
According to reports, Page 23 and 24 of the verdict, the legal basis for disqualifying Sharif is explained.
It says: “As a sequel to what has been discussed in paragraphs 13 above, the following declaration and direction is issued:-
i) It is hereby declared that having failed to disclose his unwithdrawn receivables constituting assets from Capital FZE, Jebel Ali, UAE in his nomination papers filed for the General Elections held in 2013 in terms of Section 12(2)(f) of the Representation of the People Act, 1976 (ROPA), and having furnished a false declaration under solemn affirmation respondent No. 1 Mian Muhammad Nawaz Sharif is not honest in terms of Section 99(f) of ROPA and Article 62(1)(f) of the Constitution of the Islamic Republic of Pakistan, 1973, therefore, he is disqualified to be a Member of the Majlis-e-Shoora (Parliament);
ii) The Election Commission of Pakistan shall issue a notification disqualifying respondent No. 1 Mian Muhammad Nawaz Sharif from being a Member of the Majlis-e-Shoora (Parliament) with immediate effect, where after he shall cease to be the Prime Minister of Pakistan.”
The apex court ordered the National Accountability Bureau (NAB) to file a reference against the accused in an accountability court in six weeks, directing for the trial to be concluded within six months.
It is the second time in Pakistan’s 70-year history that the Supreme Court has disqualified a sitting prime minister. In 2012 then prime minister Yousaf Raza Gilani was disqualified over contempt of court charges for refusing to reopen a corruption case against President Asif Ali Zardari.
Also no Pakistani prime minister has ever completed a full five-year elected term. Most tenures have been cut short by military coups.
While serving as the country’s Prime Minister in 1993, Sharif was sacked by the then-president over graft allegations, while in 1999 he was ousted in a military coup.