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Notice to Pakistan Attorney-General, others

ISLAMABAD: The Supreme Court of Pakistan on Thursday took up the high-profile petitions of exiled former Prime Minister and Pakistan Muslim League (N) leader Nawaz Sharif, and his brother Shahbaz Sharif asking that it order the government not to obstruct their return to the country to participate in the upcoming elections.

A two-member bench headed by Chief Justice Iftikhar Chaudhary issued notices to the Attorney-General and advocates-general of the four provinces to appear before the court at the next hearing on August 16.

The case is still in its preliminary stages, with the court hearing arguments on admitting the identical petitions, but the proceedings of the day, marked by Mr. Chaudhary’s stern observations about the role of the government, gave some indication of which way this could go.

The Chief Justice’s observations came as counsel for the Sharif brothers, Fakhruddin G. Ibrahim, reminded the court that when Shahbaz Sharif filed a similar petition in 2004, it was dismissed with the observation that every citizen had the inalienable right to enter the country. But when Mr. Sharif attempted to return to Pakistan, he had been put back on a special flight to Saudi Arabia.

'By whom?' asked Mr. Chaudhary.

Mr. Ebrahim shrugged his shoulders eloquently and replied that 'there are so many agencies working in this country that it is difficult to pinpoint who does what.'

The Chief Justice, restored on July 20 by an order of his own court after his near-dismissal by the government on March 9 and a long agitation by the legal community for his reinstatement, was in full flow.

'When the Supreme Court had announced a comprehensive order, who is the person who says it cannot be implemented, how dare they not give relief?' Mr Chaudhary asked, enquiring if counsel initiated any proceedings at that time for non-compliance of the order.

Mr. Ibrahim replied that he had filed a petition before the Lahore High Court that had never been listed.

The Chief Justice also noted that under Article 190, all executive and judicial authorities are required to act in aid of the Supreme Court.

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