These prominent individuals could benefit from new SC laws.
Geo News
Senior politicians like Jahangir Tareen and former prime ministers Nawaz Sharif and Yousuf Raza Gilani may approach the top court to get relief in accordance with the new law established by the National Assembly.
The historic Supreme Court (Practice and Procedure) Bill, 2023, which seeks to restrict the chief justice of Pakistan’s (CJP) discretionary authority to take suo moto notice under Article 184(3) of the Constitution, received approval from the NA on Wednesday.
The House had approved the amendment made by MNA Mohsin Dawar, which said that when the Act went into force, filing an appeal against an order issued by the chief justice under the relevant article would take place retroactively.
The amendment states that “the aggrieved person against whom an order under Article 184(3) was made previous to the beginning of this law will also have the right of appeal provided that an appeal under this section is lodged within 30 days of the commencement of this Act.”
Application of the law, which was approved by the National Assembly and is slated to be presented to the Senate today, would open the door to challenging the exclusion of former prime minister Nawaz Sharif, who is thought to have been declared ineligible under Article 62(F) of the Constitution back in 2017.
Waheed Sharif
The new rule allows the former PM to challenge the Supreme Court’s decision within 30 days of the statute’s passage.
In the Panama Papers case, the SC has barred Nawaz Sharif from holding public office. According to Article 184(3), the PTI leader Imran Khan’s petitions were the subject of the announcement.
The SC ordered the National Accountability Bureau (NAB) to submit four references at the suo motu reference hearing. Nawaz Sharif was found guilty in two cases, and Maryam Nawaz was found guilty in one. Nevertheless, Maryam Nawaz was declared innocent in the case by the Lahore High Court.
Gilani, Yusuf Raza
Moreover, Yusuf Raza Gilani of the Pakistan Peoples Party (PPP), Jehangir Khan Tareen, the estranged PTI leader, and the Nasla Tower, Karachi, impacted parties would all be permitted to file appeals.
After the new legislation is passed, a number of additional significant cases may also be opened and appeals may be filed.
Tareen Jehangir Khan
On Hanif Abbasi’s request, the SC proclaimed Imran Khan Sadiq and Ameen and permanently disqualified Jehangir Khan Tareen. Hanif Abbasi would be permitted to challenge the Sadiq and Ameen ruling under the new statute.
Judge Isa Qazi Faez
The PTI administration filed a reference against Qazi Faez Isa. As a result of Judge Faez Isa’s appeal of the referral under Article 184(3), the presidential reference was rejected by the Supreme Court as “illegal.”
Musharraf, P.
The SC ruled that the reference made by the former president Pervez Musharraf to the former Chief Justice Iftikhar Mohammad Chaudhry was unlawful under Article 184. (3). Also, the SC ruled that General Musharraf’s declaration of an emergency on November 3, 2007, violated Article 184 of the Constitution (3).
On the request of the Rawalpindi Bar under Article 184, the court had ordered the launch of a high treason prosecution against Gen. Musharraf (3).
NRO
Under the same clause, the SC also deemed the first NRO [National Reconciliation Ordinance] unlawful, and Yusuf Raza Gilani was later found guilty of contempt of court for failing to follow the court’s ruling in that instance.
Yusuf Raza Gilani was disqualified from holding public office for five years after Imran Khan and others contested the Speaker’s decision under Article 184(3).
I am Deedar Hussain Shah.
The SC ruled that this article made Deedar Hussain Shah’s appointment as NAB chairman unlawful.
With the same suo motu authority, the SC also decided that a person who was permanently disqualified from holding political office could not be named party leader.
There were about 400 of these instances determined under 184. (3).
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