Disqualification of the Sharif Brothers Case
ISLAMABAD, February 25 (APP) : Following is the text of the Short Orders of the Supreme Court of Pakistan, in the Sharif brothers disqualification matters, passed, in two (2) separate Appeals, filed by the Federation of Pakistan and others, by a three-member bench of the Supreme Court of Pakistan, headed by Mr. Justice Moosa K. Leghari.
1- ORDER : “Arguments concluded. For the reasons to be recorded later on, the judgments/orders dated 23-6-2008, passed by the Lahore High Court, Lahore in writ petition No. 6468/2008 and writ petition no. 6469/2008 are upheld. No ground for leave is made out. These petitions are accordingly dismissed along with CMAs No. 1914/2008, 408/2009, 586/2009, 209/2009, 472/2009 and 473/2009. CMA No. 63/2009 in CP No. NIL/2008 and CMA No. 64/2009 is CP No. NIL/2008.
The above titled CMAs are dismissed with cost. Each of the applicants namely, Mehr Zafar Iqbal and Shakeel Baig are saddled with a cost of Rs. 100,000/- (Rs. One Lac) each, to be deposited in the court within 15 days. In case of failure, each of the applicants shall undergo simple imprisonment for three months.”
And the following is the Short Order of the Supreme Court in Civil Petition No. 878 of 2008 CMA 95 of 2009. (On Appeal) from the judgment/order dated 23-6-2008 of the Lahore High Court, Lahore passed in W.P. No. 6470/2008) Federation of Pakistan through Secretary Cabinet Division, Islamabad Versus Mian Muhammad Shahbaz Sharif and others.
2- ORDER, “Arguments concluded. For the detailed reasons to be recorded separately, the under mentioned civil petitions are held to be not maintainable and accordingly dismissed. Leave is refused.
(i) CPLA No. 657-L/2008 (ii) CPLA No. 803/2008 (iii) CPLA No. 878/2008
CPLA No. 905/2008 (Syed Khurram Shah vs. Mian Muhammad Shahbaz Sharif and other is converted into appeal and allowed.
Resultantly, respondent No. 1 Mian Muhammad Shahbaz Sharif is declared not qualified to be elected or chosen as a Member of an Assembly. The order dated 16-5-2008 to the Returning Officer PP-48 Bhakkar-II (respondent No. 2) accepting the nomination papers of Mian Shahbaz Sharif and the judgment dated 23-6-2008 of the Lahore High Court, Lahore passed in W.P. No. 6570/2008 are set aside.
In consequence thereof, the notification issued by the Election Commission of Pakistan dated 3-6-2008 thereby publishing the name of Mian Muhammad Shahbaz Sharif and notifying him as returned candidate is declared to null and void. Consequently, respondent No. 1 (Mian Muhammad Shahbaz Sharif) ceases to be Member of the Provincial Assembly of Punjab from the said constituency. Election Commission is directed to issue a notification thereby de-notifying Mian Muhammad Shahbaz Sharif.
The CMAs No. 471-L/2008, 95/2009 are also dismissed.”