Deposed Prime Minister Mian Nawaz Sharif on Saturday challenged Supreme Court's decision that dismissed his plea for clubbing of three references filed by the top anti-graft body against the Sharif family in pursuance of the apex court's verdict in Panama Papers case. Earlier, registrar's office of the Supreme Court declared that Mian Nawaz Sharif's plea is not entertainable in the matter on grounds that the petitioner had already exhausted all legal remedies in the apex court.
To which, Khawaja Haris, the counsel for Mian Nawaz Sharif, filed an appeal before Chief Justice Mian Saqib Nisar who upheld the registrar's office's objection after hearing arguments of the counsel on November 16 last.
On Saturday, Khawaja Haris again invoked the apex court's jurisdiction, arguing his client's fundamental right has been denied whereas due process of law has also not been observed. He contended: "The order of November 16, 2017, passed by the honourable judge in chamber, suffers from errors of law floating on the surface of the record, and is tantamount to denying the petitioner, his fundamental rights guaranteed under Articles-9, 10-A, 13, 14 and 25 of the Constitution, besides being in derogation of Article 4."
Filing a petition under Article 184 (3) of the Constitution, Khawaja Haris submitted that since his client's case is identically placed, the judge in chamber ought to have treated the same on the principles of equality and due process, and accordingly set aside the order of the registrar and referred the petitioner's constitution petition for consideration by the larger bench on this question of law.
Giving grounds to challenge the order of the registrar office Khawaja Haris said, "Even otherwise, it is trite law that there is no bar on the jurisdiction of this honourable court under Article-184(3) read with Article-187 of the Constitution in respect of a judgment which is per incuriam (a court decision made per incuriam is one which ignores a contradictory statute or binding authority, and therefore is wrongly decided and of no force)." Nawaz Sharif prayed the apex court to ask the concerned branch to number his plea and the matter may be fixed before a bench for hearing.
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