Dictators divided judges, says attorney

ISLAMABAD " One of the Pro Sharif lawyers on Tuesday dispelled the impression as if the black coats were trying to create a rift among members of superior judiciary but blamed military dictators for bringing a bad name to the bench.
During his arguments before a three-judge bench of apex court hearing the issue of eligibility of Sharif brothers to hold public offices, senior Advocate A K Dogar also stated that appearance or absence of former Premier Nawaz Sharrif before the court was absolutely irrelevant for decision regarding his qualification.
The bench seized with the issue comprises Justice Moosa K Leghari, Justice Sakhi Hassan Bukhari and Justice Sheikh Hakim Ali. It is hearing appeals regarding the eligibility of PML-N Chief Nawaz Sharif and Chief Minister Punjab, Shahbaz Sharif.
An application seeking formation of a larger bench, comprising those judges who had not taken oath under the second PCO of former President Musharraf, to decide the Sharif brothers' case, is also before the bench.
A K Dogar, who is counsel for Shakil Baig, a man who proposed nomination papers of Pakistan Muslim League-Nawaz (PML-N) Chief NA-123 (Lahore) during bye-elections, also told the bench that election was a process between the candidate and the court; therefore the presence of Nawaz Sharif was completely not required.
Dogar castigated a Lahore High Court ruling that disqualified PML-N Chief Nawaz Sharif on June 24 last year in his absence while wrongly deeming his disappearance as a sign of acceptance of allegations against the former Premier.
Outrightly rejecting the charges against Nawaz Sharif, A K Dogar said the impugned judgment was incorrect as the court was duty-bound to do justice even if the respondent remained absent from the proceedings.
Taking on a remark from his contemporary that the pro Sharif lawyers were trying to divide superior judiciary by demanding a bench of certain judges, Dogar said the blame for dividing the bench rested on the former dictator Pervez Musharraf.
Referring to the first Provisional Constitutional Order (PCO) of Pervez Musharraf promulgated on January 26, 2000, Dogar said it was then when the dictator first divided judges.
He also pointed out that Musharraf again created rift among judges on March 9, 2007 when he referred against the then Chief Justice Iftikhar Muhammad Chaudhry. The same dictator made a third ugly act to divide judiciary on November 3, 2007 when he imposed emergency in the country and proclaimed PCO, Dogar argued.
Dogar also stated that members of judiciary had been supporting the dictator to save their own positions in conflict with independence of judiciary.
The counsel was still on his legs when the bench arose for the day while adjourning the hearing of issue till today (Wednesday).
Earlier, Advocate Akram Sheikh, the counsel for the Zafar Iqbal, the man who seconded nomination papers of Nawaz Sharif, insisted that the present bench should refrain from deciding the issue of disqualification to adjudicate upon the matter.
He also asked the member judges to refer the appeals back to Chief Justice with the recommendation to constitute a larger bench, comprising those judges who had not taken oath under the second PCO of former President Musharraf, to decide the appeals regarding eligibility of Sharif brothers' case besides rescuing themselves from deciding the same.
Asking Advocate Sheikh to conclude his submissions, Justice Moosa K Leghari observed that the court could not give infinite time for arguments on the case.
"I have completed my arguments before the court besides presenting a book containing over 50 judicial decisions. This bench is not authorized to hear the case as a larger bench is required to decide the case, therefore, the sitting bench should refer the case to Chief Justice of Pakistan for constitution of larger bench", Akram Sheikh later told media persons outside the court room after the hearing.