Disqualification of PM Sharif : The message is really powerful

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THE Supreme Court of Pakistan disqualified Prime Minister Nawaz Sharif from holding public office in a landmark decision on the Panama Papers case. Shortly after, the PM House issued a notification saying that Nawaz Sharif, despite having “strong reservations” on the SC’s verdict, has stepped down from his post as the premier.

The decision brings Sharif’s third term in power to an unceremonious end, roughly one year before the scheduled general elections which would have seen him become the first Pakistani Prime Minister to complete a full five-year term. It is unclear at the moment who will be appointed to take over the post till the next general elections, which are scheduled for 2018.

The Election Commission of Pakistan (ECP) has de-notified the Prime Minister from his National Assembly seat to fulfil the technicalities of implementing the order. The Supreme Court said the ECP should de-seat the PM for not disclosing his role in the Dubai-based Capital FZE company in his nomination papers, saying that this meant he was not ‘honest’ and ‘truthful’.

The ouster of Sharif, 67, who has now had three separate stints as Prime Minister, raises questions about Pakistan’s fragile democracy. No Prime Minister (of Pakistan) has completed a full term since independence from British Colonial Rule in 1947. Sharif’s two previous stints in power were also cut short, including by a military coup in 1999, but he returned from exile to win a resounding victory in general elections in 2013. This is not new news for Pakistan as the Supreme Court in 2012 disqualified then-Prime Minister Yusuf Raza Gilani over a contempt of court case.

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Pakistan’s military has denied any involvement in the legal case and did not respond to requests for official comment. The Supreme Court ruled in April there was insufficient evidence to remove Sharif from office – by a 3-2 verdict – but it ordered a probe by an investigative panel that included members of the military intelligence agencies.

The Supreme Court’s decision to include two members of the country’s military intelligence agencies as part of the six-person JIT team fuelled rumours Pakistan’s powerful generals had a hidden hand in the probe against Sharif. The military, however, has distanced itself from the proceedings.

So who wins? The people — perhaps, if there is a stable transition to power. PMs may come and go but in theory democracy should win. It should send a clear message to those civilians who are elected in Pakistan that they can’t be corrupt. However it is noteworthy that not a single army backed leader has ever been impeached or put on trial for corruption — only the civilian ones.
 
While this is a victory for the separation of powers, it can also be a reminder to our nation’s politicians that they should respect the rule of law and be aware of their accountability for corruption. The Judgement of the Supreme Court of Pakistan is a strong message from the judiciary as protector of the Constitution.

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