Amid constitutional row, ex-PM Sharif calls for filing reference against top court judges

Pakistan's former Prime Minister Nawaz Sharif, brother of Pakistan's current Prime Minister Shehbaz Sharif, leaves from a property in west London on May 11, 2022. (AFP/File)
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Updated 04 April 2023
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Amid constitutional row, ex-PM Sharif calls for filing reference against top court judges

  • The development comes hours after Supreme Court ordered snap polls in Punjab against government's will
  • In a hard-hitting press talk, the three-time former PM accuses the judiciary of 'crippling' the government

ISLAMABAD: Nawaz Sharif, three-time former prime minister of Pakistan, on Tuesday called for filing a reference against three top court judges, amid a row over provincial election date that has pushed the country into a constitutional tailspin. 

The comments by Sharif, who is the elder brother of PM Shehbaz Sharif, came hours after the Supreme Court nullified a decision by the election regulator to postpone polls in the Punjab province and announced elections on May 14, following days of hearings on a petition filed by ex-premier Imran Khan’s party. 

The incumbent government of PM Shehbaz previously expressed its lack of confidence in the three-member bench, led by chief Justice Umar Ata Bandial, that announced the verdict, and maintained the judges were “biased” against the ruling coalition, leading to a constitutional crisis in the South Asian country already suffering from economic woes. 

In a hard-hitting press talk on Tuesday, Sharif accused the judiciary of "crippling" the government and rendering parliament "worthless," criticizing the judges for facilitating military dictators who had ousted elected governments in the past. 

"I believe that it is extremely regrettable to destroy everything by crippling the state for the love of a favored one," said the ex-premier, who was ousted by the top court in 2017 in a controversial court verdict. 

"I understand that a reference should be filed in the Supreme Judicial Council against the judges for the verdict. Today's decision is a chargesheet against them." 

Sharif, who came to power for the third time in 2013, was himself ousted by the Supreme Court through a series of court cases that culminated in his disqualification for life from public office. 

His Pakistan Muslim League-Nawaz (PML-N) party, now again in power, accuses former army chief Gen (retired) Qamar Javed Bajwa and his spy master Lt Gen (retired) Faiz Hameed of orchestrating his ouster and bringing Khan to power in 2018, in connivance with the judges of the Supreme Court. 

Pakistan, a country of more than 220 million, has had a troubled history of military coups and has been ruled by military dictators, often facilitated by the judiciary, for nearly half of its 75-year history. 

"Someone is being brought into power, someone is being hanged, someone is being sentenced to prison for life, and a doctrine of necessity is devised for dictators," Sharif lamented, in a reference to punishments meted out to former premiers. 

"And the dictators who abrogate the constitution are rewarded [by the judiciary] by being empowered to amend the constitution for up to three years." 

The three-time former prime minister urged parliament to "assert" itself in the current constitution crisis. "Parliament must assert itself. If Pakistan has to survive, then parliament will have to assert itself," he said. 

The current crisis stems from a delay in elections for the Punjab and Khyber Pakhtunkhwa provincial assemblies, which were dissolved by Khan's party and allies in January to force early elections nationwide, since Pakistan historically holds the provincial and national elections together.  

According to Pakistan’s constitution, elections must be held within 90 days of the dissolution of a legislative assembly. 

After weeks of delays and political wrangling on the issue, the Supreme Court in a 3:2 verdict on March 1 ordered the Election Commission of Pakistan (ECP) to fulfil its constitutional obligation and announce an election schedule for Punjab and Khyber Pakhtunkhwa.  

The ECP subsequently said the vote in Punjab would be held on April 30 but later said it was impossible to hold the vote in April due to security and financial concerns. It announced October 8 as the new poll date in Punjab. 

Khan’s PTI party then approached the Supreme Court and, after debating the matter for weeks, a three-member bench today announced polls in Punjab on May 14. Khan’s party welcomed the judgment, calling it ‘historic and constitutional’ and urging all other political parties to create a “conducive environment” for peaceful polls in Punjab. 

The verdict in the election delay case came days after Pakistan’s parliament separately passed a new law to curtail the powers of the chief justice amid a row between the higher judiciary and the government on the holding snap polls in Punjab and Khyber Pakhtunkhwa. 

The government says it is economically not viable to hold the snap elections in Punjab and Khyber Pakhtunkhwa first and then have another general election this year in October. 

During this period, a number of top court judges also expressed their reservations over the chief justice's powers, including the ones to take suo motu notices and fix benches for difference cases, while the government demanded the top judge form a larger bench to hear the election delay case.  

Earlier in the day, PM Shehbaz described as the “murder of justice” the actions taken with regard to provincial elections in the last couple of days, while Interior Minister Rana Sanaullah said the option of invoking an emergency in the country was available in the constitution. 


Pakistan FM discusses regional situation with Saudi counterpart, urges restraint and dialogue

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Pakistan FM discusses regional situation with Saudi counterpart, urges restraint and dialogue

  • This is the second time the two foreign ministers have spoken since the Arab Coalition targeted weapon shipments on Yemen’s Mukalla port
  • Saudi Arabia’s foreign ministry has invited factions in south Yemen to hold a dialogue in Riyadh to ‘discuss just solutions to southern cause’

ISLAMABAD: Pakistan’s foreign minister, Ishaq Dar, discussed the regional situation with his Saudi counterpart, Prince Faisal bin Farhan, and called for restraint and dialogue to resolve issues, the Pakistani foreign office said late Friday, amid tensions prevailing over Yemen.

This is the second time the two foreign ministers have spoken this week since the Saudi Arabia-led Coalition to Support Legitimacy in Yemen carried out a “limited” airstrike on Dec. 30, targeting two shipments of smuggled weapons and military equipment sent from the Emirati port of Fujairah to Mukalla in southern Yemen.

A coalition forces spokesperson said the weapons were meant to support the Southern Transitional Council (STC) forces, backed by the United Arab Emirates (UAE), in Yemen’s Hadramaut and Al-Mahra “with the aim of fueling the conflict.” The UAE has since announced withdrawal of its remaining troops from Yemen, rejecting any actions that could threaten the Kingdom or undermine regional stability.

In their telephonic conversation late Friday, the Pakistani and Saudi foreign ministers discussed the latest situation in the region, according to the Pakistani foreign office.

“FM [Dar] stressed that all concerned in the region must avoid any escalatory move and advised to resolve the issues through dialogue and diplomacy for the sake of regional peace and stability,” it added.

Separately, Saudi Arabia’s foreign ministry invited factions in south Yemen to hold a dialogue in Riyadh to “discuss just solutions to the southern cause.”

The ministry statement said the conference in the Saudi capital had been requested by Rashad Al-Alimi, President of the Yemeni Presidential Leadership Council, and the Kingdom urged all factions to participate “to develop a comprehensive vision” that would fulfill the aspirations of the southern people.

Disregarding previous agreements with the Arab Coalition, the STC separatist group launched a sweeping military campaign early in December, seizing the governorates of Hadramaut along the Saudi border and the eastern governorate of Al-Mahra in Yemen’s border with Oman. It also took control of the strategic PetroMasila oilfields, which account for a massive portion of Yemen’s remaining oil wealth.

The advance has raised the spectre of the return of South Yemen, a separate state from 1967 to 1990, while dealing a hammer-blow to slow-moving peace negotiations with Iran-backed Houthi rebels.

Saudi Arabia said the STC action poses a direct threat to the Kingdom’s national security, and regional stability. The Kingdom has reiterated the only way to bring the southern cause to a resolution is through dialogue.

On Thursday, Pakistan’s foreign office expressed solidarity with Saudi Arabia and reaffirmed Islamabad’s commitment to the Kingdom’s security, amid rising tensions in Yemen.

“Pakistan expresses complete solidarity with the Kingdom of Saudi Arabia and reaffirms its commitment to security of the Kingdom,” Pakistani foreign office spokesperson Tahir Andrabi told reporters at a weekly news briefing.

“Pakistan maintains its firm support for the resolution of Yemen issue through dialogue and diplomacy and hopes that Yemen’s people and regional powers work together toward inclusive and enduring settlement of the issue, safeguarding regional stability.”

Pakistan and Saudi Arabia signed a landmark defense pact in September last year, according to which aggression against one country will be treated as an attack against both. The pact signaled a push by both governments to formalize long-standing military ties into a binding security commitment.