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Prime Minister of Pakistan, Nawaz Sharif disqualified by SC in Panama Papers Case

Following my previous thread on this issue:

http://www.neogaf.com/forum/showthread.php?t=1349427

The Supreme Court on Friday disqualified Prime Minister Nawaz Sharif from holding public office in a landmark decision on the Panama Papers case.The Supreme Court on Friday disqualified Prime Minister Nawaz Sharif from holding public office in a landmark decision on the Panama Papers case.

Justice Ejaz Afzal Khan, who had headed the apex court's implementation bench following its April 20 order on the Panama Papers case, announced that the larger bench had unanimously deemed PM Sharif unfit for holding office and would also order an accountability court to open references against him and his family, and other respondents.

Shortly after the order, 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.

Reacting to the court's order, a PML-N spokesperson said that the party will utilise all legal and constitutional means to contest the verdict.

The judgement, announced shortly after 12pm, 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.
Govt in limbo

The federal cabinet was dissolved after Nawaz Sharif relinquished his responsibilities as the prime minister of Pakistan.

As the head of the ruling PML-N, he will still be able to nominate his successor.

Sharif's chosen candidate will be put to a vote in the National Assembly — a rubber stamp affair as the PML-N holds a strong majority in the house.

His daughter, Maryam Nawaz, has frequently been touted as his political heir, but she does not currently hold elected office so cannot be a candidate this time around.

The most likely candidates for the country's next prime minister include the Nawaz's brother Shahbaz Sharif, Khawaja Asif, NA Speaker Ayaz Sadiq and Ahsan Iqbal.
'Disqualified for being dishonest'

"The Election Commission of Pakistan (ECP) shall issue a notification disqualifying Mian Muhammad Nawaz Sharif from being a member of the Parliament with immediate effect, after which he shall cease to be the Prime Minister of Pakistan," Justice Khan told the packed courtroom Friday afternoon.

The judges ruled that Nawaz had been dishonest to the parliament and the courts in not disclosing his employment in the Dubai-based Capital FZE company in his 2013 nomination papers, and thus, could not be deemed fit for his office.

"It is hereby declared that having failed to disclose his un-withdrawn receivables constituting assets from Capital FZE Jebel Ali, UAE in his nomination papers filed for the General Elections held in 2013 in terms of Section 12(2)(f) of the Representation of the People Act, 1976 (ROPA), and having furnished a false declaration under solemn affirmation respondent No. 1 Mian Muhammad Nawaz Sharif is not honest in terms of Section 99(f) of ROPA and Article 62(1)(f) of the Constitution of the Islamic Republic of Pakistan, 1973 and therefore he is disqualified to be a Member of the Majlis-e-Shoora (Parliament)."
References in accountability courts

Justice Khan said that the bench had recommended that all material collected by the joint investigation team (JIT) tasked with probing the Sharif family's financial dealings be sent to an accountability court within six weeks.

The bench said that on the basis of this information, cases would be opened against Finance Minister Ishaq Dar; MNA Captain Muhammad Safdar; Maryam, Hassan and Hussain Nawaz; as well as the premier.

A judgement on these references should be announced within six months, he said. One judge will oversee the implementation of this order.

The references to be filed by NAB before the accountability court include:

Against Nawaz Sharif, Maryam Nawaz Sharif, Hussain Nawaz Sharif, Hassan Nawaz Sharif, and Capt. (Retd). Muhammad Safdar relating to the Avenfield properties in London, United Kingdom.
Reference against Nawaz Sharif, and Hussain and Hassan Nawaz regarding Azizia Steel Company and Hill Metal Establishment.

Finance minister to be disqualified

Finance Minister Ishaq Dar and Captain Safdar, who is an MNA, were also declared unfit for office.

ECP has been directed to de-seat Dar for "possessing assets and funds beyond his known sources of income".
Court appreciates JIT's efforts

The judges "commended and appreciated" the hard work and efforts made by members of the JIT in preparing and filing a comprehensive and detailed report.

"Their tenure of service shall be safeguarded and protected and no adverse action of any nature including transfer and posting shall be taken against them without informing the monitoring Judge of this Court nominated by the Honourable Chief Justice of Pakistan," reads the court order.

https://www.dawn.com/news/1348191/s...me-minister-nawaz-sharif-in-unanimous-verdict
 

slider

Member
Hoping for a sensible, and peaceful, transitional phase. I know* how invested some folk appear to be in their particular political idols.

*I'm actually not really sure. But I've a vague recollection of political violence in the past.
 
The faces tell the story:

DF0O0rGXYAA9BQL.jpg
 
Basically an document was proven fake since it used an font that had not been released yet at the alleged time of the documents creation.

Wow that nuts.

Good job, Pakistan. So proud of you for once!

"The judges ruled that he had been dishonest to parliament and the courts, and could not be deemed fit for his office."

AMERICA, PAY FUCKING ATTENTION.
 

SlimySnake

Flashless at the Golden Globes
Poor guy has never finished his term despite getting elected three times. I remember the first time his president fired him then the military coup exiled him and now this. we knew he was corrupt as fuck back then and pakistanis still elected him. just bizarre.

Hopefully, the military doesnt use this as an excuse to take over again. despite how corrupt politicians are in pakistan, we still need democracy to work. it's the only way forward.
 
Poor guy has never finished his term despite getting elected three times. I remember the first time his president fired him then the military coup exiled him and now this. we knew he was corrupt as fuck back then and pakistanis still elected him. just bizarre.

Hopefully, the military doesnt use this as an excuse to take over again. despite how corrupt politicians are in Pakistan, we still need democracy to work. it's the only way forward.

No prime minister has ever completed their term in Pakistan. It is insane on the eve of the nation's 70th anniversary. This is tricky in how the judiciary has kept an official to the law but also sad for our process of ever getting someone to finish a term. General Bajwa doesn't seem like he wants to take control but I say just give it to Imran Khan. He deserves a shot.

All in all I still think Muhammad Ali Jinnah would not be proud of Pakistan's achievments 70 years on.
 

jayu26

Member
The judgement, announced shortly after 12pm, 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.

Seriously, not one in 70 years? What the hell?
Give Imran his chance now.
Are going to hold a general election now or next year?
 
Wow, political turmoil incoming in Pakistan?

No, quite the opposite I should think. I believe we shall see a period of unprecedented stability after these coming elections.

PTI is a shoe in now. And PMLN supporters are so thouroughly demoralized that the PTI has full reign to do as they please.
 
Disappointed by western media's coverage of Nawaz Sharif's disqualification which painfully ignores the mountain of evidence against Sharifs presented during the case and painting it as a military conspiracy. Anyone who read the updates in my previous thread has probably a better understanding of the case than 90% of these so-called-journalists in the foreign press.

They are focusing on presenting their own narrative rather than the facts of the case. Especially disgusted by the BBC.
 

Mauddib

Banned
Disappointed by western media's coverage of Nawaz Sharif's disqualification which painfully ignores the mountain of evidence against Sharifs presented during the case and painting it as a military conspiracy. Anyone who read the updates in my previous thread has probably a better understanding of the case than 90% of these so-called-journalists in the foreign press.

They are focusing on presenting their own narrative rather than the facts of the case. Especially disgusted by the BBC.

Hmm the problem is that he wasn't disqualified over corruption charges. That was sent to NAB.

Sharif was disqualified over articles 62 and 63, over the subjective interpretation of being 'Honest' and 'Truthful'. Zia made that clause to weed out politicians. The technicality used is so obtuse as well. He was the chairman of FZE, an offshore company (not illegal on its own). Under the charter of the company, it was stipulated he would receive a salary which he didn't receive. The Supreme Court argues that Nawaz should be disqualified for not stating all his 'assets' in his nomination papers. And it further argues that any wealth promised but not received is still technically an 'asset'. So his promised but unreceived income from FZE is technically an 'asset' that went undeclared. Therefore he is not 'Honest'.

I think PML-N had the opportunity to remove this clause. They should have. It shouldn't be part of any free nation's constitution, and they shoulder that burden. The use of the article by the Supreme Court sets a dangerous precedent. I fear for how it's going to be used between parties going forward.

If Article 62 is used against Imran Khan, it will be wrong because it's a fucked up article. Yet, if it's not used against Imran Khan, the judiciary is being selective.

I hope the assembly has the wherewithal to remove this clause before it creates a huge political and judicial clusterfuck.

Also, can't wait for Shabaz to become the next Prime Minister of Pakistan. He deserves it. Man has labored for Punjab like no one before him. He'll do this country proud.
 
Hmm the problem is that he wasn't disqualified over corruption charges. That was sent to NAB.

Sharif was disqualified over articles 62 and 63, over the subjective interpretation of being 'Honest' and 'Truthful'. Zia made that clause to weed out politicians. The technicality used is so obtuse as well. He was the chairman of FZE, an offshore company (not illegal on its own). Under the charter of the company, it was stipulated he would receive a salary which he didn't receive. The Supreme Court argues that Nawaz should be disqualified for not stating all his 'assets' in his nomination papers. And it further argues that any wealth promised but not received is still technically an 'asset'. So his promised but unreceived income from FZE is technically an 'asset' that went undeclared. Therefore he is not 'Honest'.

I think PML-N had the opportunity to remove this clause. They should have. It shouldn't be part of any free nation's constitution, and they shoulder that burden. The use of the article by the Supreme Court sets a dangerous precedent. I fear for how it's going to be used between parties going forward.

If Article 62 is used against Imran Khan, it will be wrong because it's a fucked up article. Yet, if it's not used against Imran Khan, the judiciary is being selective.

I hope the assembly has the wherewithal to remove this clause before it creates a huge political and judicial clusterfuck.

Also, can't wait for Shabaz to become the next Prime Minister of Pakistan. He deserves it. Man has labored for Punjab like no one before him. He'll do this country proud.

There is no evidence he didn't receive money in his account. Under UAE law you have to show government records of salary payments.
 

Mauddib

Banned
There is no evidence he didn't receive money in his account. Under UAE law you have to show government records of salary payments.

It actually appears as if the Supreme Court assumed he didn't receive a payment because there was no evidence of him receiving it. Whether he broke UAE law by not taking the salary is another matter of course. But the Court's ruling specifically took into consideration the fact that he didn't receive the salary. Which is why they specifically interpreted the word 'Asset'. And they interpreted it not on their own, because 'asset' isn't defined in our constitution.

Instead the court relied on Black’s Law Dictionary to ascertain its meaning, finding that it includes:

(i) something physical such as cash, machinery, inventory, land and building

(ii) an enforceable claim against others such as accounts receivable

(iii) rights such as copyright, patent trademark etc

(iv) an assumption such as goodwill"

In the verdict the court wrote:

"The definition of the word 'receivable' as used in the above mentioned definition as given in the Black’s Law Dictionary is also relevant, which means [...] 'any collectible whether or not it is currently due'"

The Supreme Court also looked up the word ‘receivable’ in the Business Dictionary, finding that it is an:

“Accounting term for amount due from a customer, employee, supplier (as a rebate or refund) or any other party. Receivables are classified as accounts receivable, notes receivable etc and represent an asset of the firm.

So if the court has to conduct all this due diligence and doesn't quite know what any of this means, how in the world is anyone else meant to understand these terms.

It's hard for me to agree with this verdict, but we accept it because a strong judiciary will lead to a stronger country, hopefully.
 
It actually appears as if the Supreme Court assumed he didn't receive a payment because there was no evidence of him receiving it. Whether he broke UAE law by not taking the salary is another matter of course. But the Court's ruling specifically took into consideration the fact that he didn't receive the salary. Which is why they specifically interpreted the word 'Asset'. And they interpreted it not on their own, because 'asset' isn't defined in our constitution.

Instead the court relied on Black’s Law Dictionary to ascertain its meaning, finding that it includes:



In the verdict the court wrote:



The Supreme Court also looked up the word ‘receivable’ in the Business Dictionary, finding that it is an:



So if the court has to conduct all this due diligence and doesn't quite know what any of this means, how in the world is anyone else meant to understand these terms.

It's hard for me to agree with this verdict, but we accept it because a strong judiciary will lead to a stronger country, hopefully.

Good to see you read the verdict this time at least.
 
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