Grounds for Nawaz's disqualification

LAHORE - A full bench of Lahore High Court on Tuesday made public the reasons that led to disqualification of former Prime Minister Mian Nawaz Sharif for contesting by-election from NA-123, Lahore, by releasing a nine pages detailed judgment.
Bench while accepting the petition of Noor Elahi an independent candidate from NA-123, held that Nawaz Sharif was convicted by an accountability court on July 22, 2000 in a tax evading case and was further disqualified to hold a public officer for a period of 21 years.
The Bench also agreed with petitioner's counsel that Presidential order under article 45 of the Constitution did not exonerate Nawaz from the sentence and conviction awarded by the court of competent jurisdiction particularly when Nawaz failed to produce that Presidential order.
The bench ruled that since Nawaz opted not to appear before the court, it had no choice but to rely upon the arguments of petitioner's counsel, deputy attorney general, advocate general Punjab and material available on the record.
Bench while accepting the other allegations of the petitioner also held that Nawaz Sharif scandalised, abused, disobeyed and ridiculed the judiciary of Pakistan.
He also sworn a false affidavit attached with the nomination. According to this affidavit Nawaz Sharif claimed that he was not disqualified from contesting the election.
Bench also observed the returning officer for NA-123 while turning down the petitioner objection that Nawaz Sharif was a convict had observed that no documentary evidence or supporting material was produced about conviction of Nawaz Sharif.
Bench held that this finding of returning officer was not correct.
As the order of returning officer who held Nawaz Sharif disqualified on December 3, 2007 for general election was available on record.
Bench headed by Justice Abdul Shakoor paracha set aside the orders of returning officer, appellate election tribunal and of Election Commission of Pakistan. Justice M Bilal Khan and Justice Syed Shabbar Raza Rizvi were the other members of the bench.