By Sarmad Ali
Islamabad (Pak Destiny) The Supreme Court has been asked to constitute a seven-member bench for hearing a criminal appeal against Prime Minister Mian Nawaz Sharif like it had done in the contempt case that ousted ex-premier Yusuf Raza Gillani.
The apex Court was candidly cautioned about the alleged influence of the Prime Minister and, in particular, his “covert political connections” with some Judges. “He managed to install a former Judge as the President of Pakistan. Thereafter, in 2008, he nominated the former Chief Justice of Pakistan as his Party’s Presidential Candidate”, the application pointed out.
The contempt petition against the Prime Minister was dismissed by Peshawar High Court a month ago and the petitioner was penalized by 24-hours in prison for his contemptuous assertions against its Chief Justice, Mazhar Alam Khan Miankhel.
In routine, the criminal appeal is to be heard by a bench of three Judges but the appellant emphasized it was “intricately and inseparably linked to the murder” of his brother in 1997. The appellant also pointed a finger at the alleged pressure on the judges and cited a case wherein the former Chief Justice of Lahore High Court had to tender his resignation after the Supreme Court over ruled his judgment in the SGS Cotecna Case against late Prime Minister Benazir Bhutto. Audio tapes were run in the apex Court to expose the pressure exerted by the Prime Minister’s Secretariat on two Judges.
The Court was asked to recall and remember the manner in which Nawaz Sharif had forcibly interrupted contempt proceedings against him in November 1997 by organizing an attack on the Court. “The end objective of the Appeal is not to remove a Prime Minister or sentence him to six months simple imprisonment”, stated the appellant adding that he mainly sought confirmation of the facts noted by the Supreme Court in 1999 about his brother’s murder. The Application stated that no Judge “who passed any order adverse to the prosecution of the said murder” may be included the bench. – Pak Destiny
The Supreme Court of Pakistan
Cr. Misc. Application ____________/2015
In Cr. Appeal No. 26/2015
In COC. P. No. 313-P of 2014 in Cr. R. 87/2013
Shahid Orakzai Vs Mohammad Nawaz Sharif &
Mazhar Alam Khan Miankhel
Application under Order XI of the S. C. Rules
for constituting larger bench
Applicant: Shahid Orakzai,
1. This application for constituting a larger bench of Seven Judges may kindly be put before the Court so that the appellant can explain the necessity and priority. (See Para 5 below)
2. That Respondent No. 1 is the Prime Minister and this Court, in 2012, had constituted a bench of Seven Judges for contempt proceedings instituted against the then Prime Minister, Yusuf Raza Gillani.
3. The Cr. Appeal does not seek similar proceedings against the incumbent Prime Minister and the decision, thus, cannot disqualify the Prime Minister.
4. The alleged contempt, in fact, has been committed against Peshawar High Court which is still to give its final verdict under the law, i.e.; u/s 19 of the Contempt of Court Ordinance, 2003.
5. To ensure impartial proceedings, this Court needs to check the political influence and back stage manipulation of Respondent No. 1 and may take note of the following:
a. The respondent has, in the past, maintained covert political connections with some Judges. He involves them in politics by offering political offices.
Example: He managed to install a former Judge as the President of Pakistan. Thereafter, in 2008, he nominated the former Chief Justice of Pakistan as his Party’s Presidential Candidate.
b. The respondent has, in the past, also pressurized the judges even at the High Courts.
Example: The former Chief Justice LHC had to tender resignation following the Supreme Court Judgment in the SGS Cotecna Case against Benazir Bhutto.
c. The respondent has, in Nov. 1997, forcibly interrupted contempt proceedings against him by a 5-member Bench headed by the Chief Justice of Pakistan and did so by organizing an attack on the Court. PLD SC 2000, page 1969
d. For the past 17-years, the respondent has effectively obstructed the process of law and, regardless of executive power, managed to resist the directions of this Court given with regard to the prosecution of the murder of Major (R) Khalid Saeed Orakzai. PLD SCMR 1999, page 48
6. That in view of the above stated facts, as reported in the Judgments, the applicant shall explain the Supreme Court’s duty to do “complete justice”, procedurally, under Article 187.
7. The Criminal Appeal is intricately and inseparably linked to the murder case and seeks to establish the facts impartially noted by the Supreme Court in1999. The end objective of the Appeal is not to remove a Prime Minister or sentence him to six months simple imprisonment.
The Chief Justice of Pakistan may kindly, considerately and appropriately ensure that no Judge who passed any order adverse to the prosecution of the said murder is included the bench. This Court shall ensure that the Cr. Appeal is ruled independently of any extraneous influence.
This Court may, therefore, request the Chief Justice of Pakistan to constitute a 7-member larger bench.