-- Supreme Court removes prime minister from office
-- Nawaz Sharif is the second world leader to be brought down following revelations in the Panama Papers
-- Although the court doesn't explicitly ban him from running again, it orders that criminal charges be filed against him and family
-- The verdict is said to have dealt a serious blow to the legacy of a man who helped define the past generation of country's politics
-- PML-N is now required to choose a replacement at the earliest
"It is hereby declared that having failed to disclose his un-withdrawn receivables constituting assets from Capital FZE Jebel Ali, UAE in his nomination papers filed for the General Elections held in 2013 in terms of Section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 Mian Muhammad Nawaz Sharif is not honest in terms of Section 99 (f) of the ROPA and Article 62(1)(f) of the Constitution of and therefore he is disqualified to be a Member of the Majlis-e-Shoora (Parliament)," the verdict said.
Supreme Court ruled that President of Pakistan "is required to take all necessary steps under the Constitution to ensure continuation of democratic process". The larger bench also issued directives to National Accountability Bureau (NAB) to file a reference against Nawaz Sharif and his children Hussain Nawaz, Hassan Nawaz, Maryam Nawaz and her husband Capt. (retired) Muhammad Safdar in Accountability Court Rawalpindi/Islamabad regarding ownership of Mayfair properties in London within six weeks.
While directing NAB to file the reference against four members of the Sharif family before the Accountability Court relating to the Avenfield properties (Flats No. 16, 16-A, 17 and 17-A Avenfield House, Park Lane, London, United Kingdom), the larger bench asked the Bureau to consider the material already collected during the course of investigations conducted earlier.
Supreme Court also issued directives to NAB to file references against the Sharif family on the basis of material collected and referred to by the Joint Investigation Team (JIT) in its report and other such material as may be available with the Federal Investigation Agency and NAB "having any nexus with the assets or which may subsequently become available including material that may come before it pursuant to the Mutual Legal Assistance requests sent by the JIT to different jurisdictions".
The larger bench directed NAB to file a reference before the Accountability Court against Nawaz Sharif, his sons Hussain Nawaz and Hassan Nawaz regarding Azizia Steel Company and Hill Metal Establishments. Supreme Court asked the Accountability Court to conclude its trial in the matter within six months.
The NAB has also been asked to file references before the Accountability Court against Nawaz Sharif and his sons regarding Flagship Investments Limited, Hartstone Properties Limited, Que Holding Limited, Quint Eaton Place 2 Limited, Quint Saloane Limited (formerly Quint Eaton Place Limited), Quaint Limited, Flagship Securities Limited, Quint Gloucester Place Limited, Quint Paddington Limited (formerly Rivates Estates Limited), Flagship Developments Limited, Alanna Services Limited (BVI), Lankin SA (BVI), Chadron Inc, Ansbacher Inc, Coomber Inc and Capital FZE (Dubai).
The larger bench also issued directives to the Accountability Court to take an appropriate action over filing of any deed, document or affidavit by or on behalf of the respondent(s) or any other person to be fake, false, forged or fabricated. Disposing of the pleas of Chairman Pakistan Tehreek-e-Insaf (PTI) Imran Khan, Ameer Jamaat-e-Islami Sirajul Haq and chief of Awami Muslim league Sheikh Rasheed Ahmad who sought Prime Minister Nawaz Sharif's disqualification after names of his children surfaced in the Panama Papers, the larger bench requested Chief Justice Mian Saqib Nisar to nominate a judge of the apex court to oversee the proceedings of the Accountability Court.
The larger bench commended the "hard work" of the JIT and warned that the tenure of service of the six member JIT team be safeguarded and protected and "no adverse action of any nature including transfer and posting shall be taken against them without intimating to monitoring judge of the Supreme Court."
Reuters adds: Supreme Court disqualified Prime Minister Nawaz Sharif from office on Friday over undeclared assets, plunging the nuclear-armed South Asian nation into political turmoil after a period of relative stability. Sharif swiftly resigned.
Pakistan was left with no government leader after Friday's verdict, which also ordered a criminal probe into the Sharif family over allegations stemming from the "Panama Papers" leaks of international offshore companies. Sharif's ruling Pakistan Muslim League-Nawaz (PML-N) party, which holds a solid majority in parliament, is expected to name a new prime minister to hold office until elections due next year.
Among possible allies to replace Sharif are members of his outgoing cabinet including Defence Minister Asif Khawaja, Planning Minister Ahsan Iqbal and Petroleum Minister Shahid Abbasi. Sharif's influential brother Shahbaz was also rumoured as a candidate, though he is legally ineligible because he is not a member of parliament. The incoming leader will have to tackle Pakistan's worsening ties with the United States, frayed relations with India, and persistent attacks by Islamist militants including the Pakistani Taliban and Islamic State. The economy is benefiting from vast investment from China, but economists are concerned about falling currency reserves and dwindling exports.
The ouster of Sharif, 67, who has now had three separate stints as prime minister, raises questions about Pakistan's fragile democracy. No prime minister has completed a full term since independence from British colonial rule in 1947. The court verdict marks a major political victory for opposition leader Imran Khan, who last year threatened mass street protests unless Sharif's wealth was investigated. Khan pounced on the leaking of the Panama Papers, which revealed Sharif's family had bought expensive London apartments through offshore companies.
"Today is a victory day for Pakistan," said Khan. "Today onward, big thieves will be caught." Khan is himself under a Supreme Court investigation on allegations he failed to declare sources of income, a charge he denies. Sharif has not spoken in public since the court ruling, but his railways minister, Khawaja Saad Rafiq, implied that the military was in some way involved. "We know very well what the crime of Nawaz Sharif and the Muslim League is. What do we ask for? We ask for civilian supremacy in Pakistan," Rafique told a news briefing.
"We come through elected votes and are humiliated and dislodged and end up in jails." Sharif's two previous stints in power were also cut short, including by a military coup in 1999, but he returned from exile to win a resounding victory in general elections in 2013. Pakistan's military has denied any involvement in the legal case and did not respond to requests for official comment on Friday. Khan's party has said the ruling party often blames the military to deflect from its own failings. The Supreme Court's five-member panel ruled unanimously that Sharif should be disqualified, enacting little-used Article 62 of the constitution which allows dismissal of any lawmaker found to be dishonest.
The court's decision follows a two-month probe by a Supreme Court-appointed panel that alleged the Sharif family could not account for its vast wealth. "He is no more eligible to be an honest member of the parliament, and he ceases to be holding the office of prime minister," Judge Ejaz Afzal Khan said in court.
UNDISCLOSED INCOME? The written court decision cited Sharif's failure to declare monthly income, equal to $2,722, from a Dubai-based company his son owned in disclosure papers filed for the 2013 elections his party won. Sharif's legal advisers say he never actually received the salary. They argued on Friday that the court had overstepped its remit, saying that no charge of corruption or abuse of authority has been proved in a criminal trial. "Those who are happy and dancing will cry tomorrow," said Abid Sher Ali, a junior minister. "They have stabbed democracy in the back."
After the court ruling, supporters of Khan's PTI opposition party gathered outside, shouting: "Go, Nawaz, Go," and jeered politicians from Sharif's party. Political turmoil could unnerve foreign investors, who are already reticent to invest in Pakistan, deterred by security fears and a tough business climate. The benchmark stock index tumbled 3.4 percent after the announcement but then regained some ground. The index, which was one of the world's best performing in 2016, recorded major outflows during the two-month investigation into Sharif. The rupee currency, which is part of a managed float, has largely been stable.
"DEMOCRACY A TARGET" Sharif has always denied any wrongdoing and has called the investigation into him biased and inaccurate. The Supreme Court ruled in April there was insufficient evidence to remove Sharif from office - by a 3-2 verdict - but it ordered a probe by an investigative panel that included members of the military intelligence agencies. The Joint Investigation Team (JIT) this month returned its findings in a 254-report that said Sharif's family assets do not match their earnings. The panel also accused his children, including daughter Maryam, of signing forged documents to obscure ownership of the London flats.
The Supreme Court's decision to include two members of the country's military intelligence agencies as part of the six-person JIT team fuelled rumours Pakistan's powerful generals had a hidden hand in the probe against Sharif. The military, however, has distanced itself from the proceedings. Analysts expect Sharif to push for one of his allies to form a government until elections are held next year, when his brother Shahbaz, who is the chief minister in Punjab province, may take over the party leadership.
Sharif's daughter Maryam, who will now face a criminal investigation, tweeted photos of top PML-N figures and said the party remains united. "Today will pave the way for Nawaz Sharif's resounding victory in 2018. He will be unstoppable. Insha'Allah," she tweeted.
Copyright Business Recorder, 2017
Copyright Reuters, 2017