Earlier, the apex court has issued notices to deposed Prime Minister Nawaz Sharif and Pakistan Tehreek-e-Insaf (PTI) leader Jahangir Tareen to appear before the court. Tareen was present with his counsel Sikandar Bashir Mohmand whereas neither Nawaz Sharif nor his counsel appeared before the court, to which the Supreme Court issued a second notice to Sharif in the matter relating to determination of time period of disqualification under Article 62(1)(f) of the Constitution.
The bench also appointed senior lawyer Muneer A Malik and Barrister Ali Zafar as amici curiae in order to assist the court in the matter. Chief Justice Mian Saqib Nisar further observed that the court believes that Parliament is supreme but at the same time it is also important that Parliament is bound to obey the Constitution at all costs.
He was of the opinion that it is the fundamental right of every citizen to contest the elections, observing the matter in hand is about a key issue. He added that the court has issued public notices to all affected people that they may join the court proceedings. Chief Justice Mian Saqib Nisar remarked the court has also issued notices to Nawaz Sharif, saying if nobody will appear then the court would have to proceed ex-parte.
Justice Azmat Saeed Sheikh observed that there are three ways to disqualify parliamentarians; one is disqualifying through tribunal under Article 225 of the Constitution, other is disqualification through conviction by court of law in any matter and the last one is disqualification through quo warranto wherein MPs can be directly disqualified by the Supreme Court and high court.
Appearing on behalf of his client, Babar Awan contended that 17 judges should hear the matter in hand because there are judgments of larger benches on similar matter. Responding to an argument of Awan that the bench has to refer to Parliament even if a comma has to be changed in the Constitution as the body makes or changes laws, Chief Justice Mian Saqib Nisar said that the Parliament is beholden to the Constitution as well.