ISLAMABAD: The Prime Minister’s counsel Makhdoom Ali Khan while advancing his arguments in the Panamagate case contended that the Prime Minister cannot be disqualified on the basis on of his speech under Article 184(3) of the constitution.
The larger bench of the apex court headed by Justice Asif Saeed Khosa heard the Panamagate case. On Monday, the Prime Minister Nawaz Sharif’s counsel continued with his arguments in the case.
Khan said the SC had jurisdiction to disqualify parliamentarians but they cannot disqualify the Prime Minister on the basis of his speeches under Article 184(3) of the Constitution.
At the outset of the hearing, Justice Asif Saeed Khosa asked PM’s counsel: “Mkhdoom Sahib tell us how much more time do you need for completing your arguments.” The counsel replied that he would advance arguments mainly on three points: contradictions in PM’s speeches, dependency and jurisdiction of the court, adding that he would try to complete his arguments on Article 62 and 63 today.
He further said: “Today I would advance arguments on four issue including Article 184(7). As a lawyer I promise I will not repeat my arguments.”
During the hearing, the Prime Minister’s counsel read out the apex court 2009’s decision on Mubashir Hassan case. He added that the instructions issued to the government in Mubashair Hassan case were not complied with. He added: “On April 1 the court directed the federal government to write letter to Swiss authorities and on April 26, the Prime Minister was convicted for contempt of court. After Speaker’s ruling on May 4 the matter again came to Supreme Court and on June 19 the Supreme Court issued directive to remove the Prime Minister.”
He submitted that in all disqualification cases, the decision was made after recording evidences. He added that the Yousuf Raza Gillani was convicted on contempt of court.
He further submitted that on the basis of decisions of disqualification for holding dual nationality, the Prime Minister can’t be disqualified for contradictions in the speeches.
On this, Justice Azmat Saeed Sheikh remarked that in dual nationality cases the disqualification decision came directly from Supreme Court. “Why you are forgetting this point,” the judge said while addressing the PM’s counsel.
He added that the it was evident from the dual nationality cases that the apex court had authority to disqualify member of the Parliament. “Even if one did not confess of holding dual national, the court has powers to check the facts,” he added.
Makhdoom Ali Khan contended that the apex court had reviewed each and every case on the basis of facts and the members having dual nationality were provided enough opportunity to defend themselves.
Later the court adjourned further hearing of the case till tomorrow.
