The Election Commission on Thursday accepted the nomination papers of Mian Muhammad Nawaz Sharif and Shahbaz Sharif after returning officers dismissed all objections to their running in the by-elections scheduled for June 18.
Nawaz Sharif had filed nominations papers from NA-123 (Lahore) and NA-52 (Rawalpindi) while Shahbaz Sharif is contesting the by-elections from PP-154 (Lahore). Besides, nomination papers of SCBA President Chaudhry Aitzaz Ahsan, former railways minister Shaikh Rashid, Sarfraz Nawaz for NA-55 (Rawalpindi), and Captain (retd) Safdar, son-in-law of Mian Nawaz Sharif, for NA-52 (Rawalpindi) were also accepted.
The Sharif brothers were barred from contesting the Feb 18 general elections for their involvement in different cases. Returning Officer Chaudhry Badruddin accepted nomination papers of Shahbaz Sharif for PP-154 while Hamza Shahbaz and Capt (retd) Safdar were also allowed to contest the by-elections from NA-123, who filed their papers as covering candidate of Nawaz Sharif.
Akhlaq Ahmad Guddu of PML-Q and Noor Elahi, an independent candidate, raised objections against the eligibility of Nawaz Sharif to contest the by-elections. Counsel for petitioner, Amir Saeed Rawn advocate pleaded that Mian Nawaz Sharif was not eligible to participate in the elections because he was handed in life term in a plane hijacking case by an anti-terrorism court in Karachi.
He said on Dec 3, 2007, Nawaz Sharif’s papers were rejected on the same ground. Nawaz’s counsel Ashtar Ausaf Ali said the then president Rafiq Tarar had pardoned Nawaz Sharif and once a ‘conviction’ is pardoned it can’t be agitated before any forum.
He further argued that the petitioner did not produce any document in support of his objections and the earlier order passed by the returning officer. Chaudhry Badruddin, accepting the arguments of Nawaz’s counsel, rejected the objection petition.
In his order the returning officer observed: “It was the duty of the objector to produce relevant documents to substantiate his objections but he failed to do so despite the fact he had sufficient time to do so.”
“Nomination papers of Mian Muhammad Nawaz Sharif are accepted because of non-availability of documentary proofs of objections,” the officer announced in his office. However, petitioner’s counsel claimed that no attested copies of documents were provided to the returning officer at the time of rejection of Nawaz’s papers on December 3, 2007.
Later, talking to journalists, the petitioner’s counsel said the dismissal and acceptance of Nawaz’s papers on the same grounds had put a question mark on the impartiality of the Election Commission.
He was of the view that under Article 45 of the Constitution, president of Pakistan could only commute a sentence and he has no power to pardon conviction. Only an acquittal order by an appellate court could end the conviction, he added.
Advocate Amir Awan said he would challenge this decision before the high court. Nawaz Sharif was barred from contesting the Feb-18 general elections as he was convicted in the plane hijacking case while Shahbaz Sharif was an absconder in the Sabzazar encounter case and also a bank defaulter.
The returning officers accepted nomination papers of Mian Nawaz Sharif for for NA-52 (Rawalpindi) and Mian Shahbaz Sharif for PP-10 (Rawalpindi). The court rejected all objections filed against the Sharif brothers in this regard.
PML-Q’s Raja Muhammad Nasir had filed objections against Mian Nawaz Sharif’s candidature in the by-elections. His lawyer Chaudhry Farooq Haider turned up late in the court at 2:00pm; therefore, the returning officer gave judgment at 4:00pm after hearing arguments from both sides.
The PML-Q lawyer gave arguments against Mian Nawaz Sharif that he should be disqualified from contesting the by-elections due to his involvement in the plane hijacking case. He alleged that Mian Muhammad Nawaz Sharif misused his powers when he was prime minister and he should be disqualified from contesting by-elections under section 99, 1-A(h).
The court, however, rejected all arguments of the counsel for PML-Q against Mian Muhammad Nawaz Sharif and allowed him to contest by-elections from NA-52, Rawalpindi. Similarly, the PML-Q’s Malik Mehboob Elahi and Advocate Shahid Orakzai raised objections against PML-N President Mian Shahbaz Sharif’s candidature for contesting by-elections.
Chaudhry Farooq Haider also gave arguments against Mian Shahbaz Sharif and said that he should be disqualified from contesting by-elections due to his involvement in the contempt of court case in 1997. He instigated people to attack the Supreme Court building, he alleged.
Khalid Bhatti, counsel for Nawaz Sharif and Shahbaz Sharif, opposed the arguments. Sources told The News that Sheikh Rashid would contest elections as an independent candidate as the PML-Q leadership is unwilling to award him party ticket.
On the other hand, Chaudhry Aitzaz Ahsan is trying to get a PPP ticket and he also met Asif Ali Zardari in this regard. If the PPP does not award him a ticket, he would contest by-elections as an independent candidate, sources disclosed. The scrutiny of nomination papers would continue till May 20.