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ISLAMABAD: The apex court has been appealed not to accept the Supreme Court Bar Association (SCBA) petition against the permanent disqualification under Article 62(1) (f) of Constitution.

Nazaria-e-Pakistan Council of Lawyer on Wednesday filed a petition under Article 184(3) of Constitution through its Chief Organiser Aftab Ahmed Virk and made SCBA President Ahsan Bhoon, Vice Chairman Pakistan Bar Council (PBC), and the secretary Ministry of Law and Justice as the respondents.

Aftab Ahmed submitted that former Prime Minister Nawaz Sharif was tried along with others in different cases and was convicted and sentenced by the court of law, adding in the Panama Papers case the apex court has disqualified the ex-PM for life to participate in the electoral politics of Pakistan.

He stated that Nawaz Sharif being in jail as a convict, on a ‘false pretext of ailment’ left Pakistan for the United Kingdom for treatment and did not return and now has been declared a proclaimed offender.

He argued that the petition filed by the SCBA and the PBC is not maintainable as the lawyers’ top body chief has no locus standi to file this petition. The PBC, being a constitutional body, is debarred from participation in national politics. He said the petition filed by the SCBA president and the PBC is motivated; therefore, they have violated the mandate given to them.

He alleged that Ahsan Bhoon has breached the confidence reposed by the members of the bar and has transgressed the mandate assigned to him. He, despite of being the president of the SCBA, has attempted to drag the constitutional body in politics.

The petitioner submitted that the convict in many cases by the court of law after being provided an opportunity of fair trials by due process of law and on an appeal was declared a proclaimed offender by the competent court, being so, cannot claim relief by proxy.

The decisions, judgments, orders, and declarations rendered by the apex court by way of fair trial, due process of law are attained finality are deemed to be solemn and cannot be allowed to be reopened to undo the same.

He stated that the petition filed by the SCBA chief and the PBC chief is against the public interest and appears to be an attempt to undermine the supremacy of the constitution, rule of law as well as the judiciary.

The issue of life time disqualification of Nawaz Sharif in the electoral politics in the country has finalised twice, so it has become a past and closed transaction; therefore, cannot be allowed to be re-agitated at the belated stage, the petitioner maintained.

He added that Ahsan Bhoon has acted against the Pakistan Bar Council Act and Rules by filing the petition; therefore, to proceed on their petition amounts to abuse process of law and the precious time of the apex court.

Copyright Business Recorder, 2022


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