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Pakistan: Supreme Court disqualify Nawaz Sharif for life

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Pakistan: Supreme Court disqualify Nawaz Sharif for life

Tehreen-e-Insaaf leader says it doesn’t apply to him

In an unheard development, unprecedented in at least in the sub-continent, Pakistan Supreme Court has permanently disqualified former PM Nawaz Sahrif and alike to shed their political ambitions for life. The landmark verdict that will change the course of the country’s political history has, on Friday, ruled that disqualification handed down under Article 62 (1) (f) of the Constitution is for life.

According to Dawn the verdict was issued unanimously by all five judges of the bench. Former PM Nawaz Sharif was disqualified in the Panama papers case by a five-judge bench on July 28 under the same provisions of the country’s constitution.

The election for 342-seats of Majlis-e-Shoora (Parliament) is scheduled to be held in July this year. In the previous elections held in 2013, Pakistan Muslim league-Nawaz (PML-N) won 166 seats, Pakistan People’s Party (PPP), 42 seats while Pakistan Tehreen Insaf  (PTI) won 35 seats.

Present Prime Minister Shahid Khaqan Abbasi was sworn-in on 1 August 2017 as a stop-gap arrangement by Nawaz Sharif, who was disqualified for the office by the Supreme court in July last year. At the time of his election as PM, Khaqani was called as an interim PM for 45 days.

Pakistan: Supreme Court disqualify Nawaz Sharif for life

Article 62(1) (f), sets the precondition for a member of parliament to be “sadiq and ameen” (honest and righteous). Likewise, Pakistan Tehreek-i-Insaf (PTI)’s leader Jahangir Tareen was disqualified on Dec 15, 2017 by a separate bench of the apex court under the same provision. PTI is headed by cricketer turned politician Imran Khan.

Following the Supreme Court verdict, former PM Nawaz Sharif and PTI leader Jahangir Tareen have been disqualified to hold public office till the courts’ respective declarations against them hold.

This is considered to be a major shock and embarrassment for Nawaz Sharif and country’s ruling party Pakistan Muslim League (Nawaz). Pakistan’s politicians have been complaining on earlier occasions about judiciary’s behavior being influenced by some agencies. However, none could substantiate such claims.

The decision, read out by Justice Umar Ata Bandial, stated that the disqualification of any member of parliament or a public servant under Article 62 (1)(f) in the future will be “permanent”. According to the constitutional provisions, such a person cannot contest elections or become a member of parliament.

Chief Justice Mian Saqib Nisar, who was heading the bench, remarked before the verdict was announced that the public deserves “leaders of good character”.

“The restriction imposed by Article 62 (1)(f) of the Constitution for the eligibility of a candidate for election to Parliament serves the public need and public interest for honest, upright, truthful, trustworthy and prudent elected representatives,” reads the judgement.

It says the judicial mechanism in Article 62 (1) (f) grants a fair opportunity for relief to a candidate under challenge to vindicate himself. “Therefore, the permanent incapacity of a candidate for election under Article 62 (1)(f) of the Constitution is not an arbitrary, excessive or unreasonable curtailment of his fundamental right under Article 17(2) of the Constitution.”

“In the result, we are inclined to hold that the incapacity created for failing to meet the qualifications under Article 62 (1)(f) of the Constitution imposes a permanent bar which remains in effect so long as the declaratory judgment supporting the conclusion of one of the delinquent kinds of conduct under Article 62 (1)(f) of the Constitution remains in effect” said Supreme Court.

The apex court indicated that this will not affect on Sharif and Tareen. It also directed that all 17 appeals and petitions challenging the length of disqualification under Article 62 (1)(f) for possessing fake degrees be fixed before appropriate benches “for decision in accordance with the law laid down in this judgment, keeping in view the respective facts and circumstances of each case”.

Hence, anybody who is not Sadiq and Ameen (honest and righteous), including those of declaring fake qualification documents will not be spared.

Justice Sheikh Azmat Saeed, a member of the bench who wrote an additional note in the judgment, observed that while a period of disqualification was specified in certain sub-articles of Article 63 of the Constitution, such a sunset clause is not found in Article 62(1) (f) because the framers of the Constitution chose not to do so.

Addressing the concern by some counsels of the petitioners that the lifetime ban resulting from Article 62 (1)(f) “may be disproportionate and a little harsh”, Justice Saeed maintained that such arguments were more suitable to be held in the parliament, rather than before the court.

“This aspect of the matter is rather ironic as several persons before us were or had been the Members of Majlis-e-Shoora (Parliament) at some point of time and may have passed the amendments, which now stand in their way,” he wrote.

“We […] can only interpret the Constitution, not amend or change it,” the judge emphasised.

Dawn reports that Mazhar Abbas, a senior journalist, while responding to the apex court’s ruling, said that the judgment will have political implications. “Nawaz Sharif will intensify his narrative and it will be difficult for [PML-N president] Shahbaz Sharif to take a different line from the one being taken by [his brother],” he said.

At the last hearing, Attorney General Ashtar Ausaf had told the bench that it was not the function of the courts to say that the disqualification under Article 62(1)(f) of the Constitution was for life or to provide a timeline for disqualification. The question should be best left for parliament to decide, he had argued.

The AG had also emphasized that the provision did not determine the length of disqualification, adding that the court would have to look into the matter on a case-to-case basis.

Pakistan: Supreme Court disqualify Nawaz Sharif for life

Meanwhile, PTI leader Jahangir Tareen, who was disqualified on December 15 last year by the apex Court under the same provisions of the constitution has  said that the apex court’s Friday ruling on lifetime disqualification is “not applicable” in his case.

Responding through his tweet post, Tareen said “I always believed 62 1(f) to be for life but not applicable in my case. Full money trail provided of tax paid income, property declared in assets of children and not mine on advice of tax consultant. This was the only issue. My review is still pending and IA justice will prevail.”

The Friday ruling issued by the Pakistan’s Supreme Court has also indicated that present government could not influence its judgment through Attorney General. It has set an example for several democracies.

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Putin praises PM Modi, says he has very good ideas on Ukraine war

Russian President Vladimir Putin has praised Prime Minister Narendra Modi for repeatedly raising the need to end the Ukraine war, describing his ideas for a settlement as “very good”.

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Vladimir Putin

Russian President Vladimir Putin has praised Prime Minister Narendra Modi for his continued efforts to promote an end to the Russia-Ukraine war, saying the Indian leader has “very good ideas” aimed at finding a mutually acceptable solution.

Putin made the remarks while addressing the Valdai Forum of international Russia experts, where he spoke about Modi’s repeated efforts to raise the issue of ending the conflict.

What Putin said about PM Modi

Putin said Modi has continued to raise the question of ending the conflict despite the close and friendly relationship between India and Russia.

According to Putin, the Prime Minister has shown a strong interest in finding a solution and has ideas that could help identify mutually acceptable ways to resolve the conflict.

Putin also described India’s position as neutral while highlighting Modi’s interest in bringing the conflict to an end through peaceful means.

The Russian president expressed gratitude to Modi for his ideas and his desire to see the conflict end as soon as possible.

Modi’s position on the Ukraine war

PM Modi has repeatedly called for dialogue and diplomacy to resolve conflicts, including during his meetings with Putin.

During their September 11 meeting in New Delhi, Modi reiterated that dialogue and diplomacy are the way forward for resolving conflicts.

Modi had also told Putin during their meeting on the sidelines of the Shanghai Cooperation Organisation summit in Bishkek that the situation needed to move from “endless war” towards an end to the war.

India has consistently maintained that conflicts should be addressed through dialogue and peaceful means, with Modi previously describing the present period as not being an era of war.

The Russia-Ukraine conflict began in February 2022 and has continued despite repeated diplomatic efforts to seek a resolution.

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S Jaishankar calls Pakistan a “serial practitioner of terrorism” at UN

S Jaishankar criticised Pakistan at the UN General Assembly, referring to a “serial practitioner of terrorism” and warning against attempts to normalise terrorism.

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S Jayshankar

External Affairs Minister S Jaishankar criticised Pakistan during his address to the 81st session of the United Nations General Assembly in New York, saying that a “serial practitioner of terrorism” had misrepresented facts and that arguments were being made to normalise terrorism. 

Jaishankar’s remarks came a day after Pakistan Prime Minister Shehbaz Sharif addressed the UN General Assembly and spoke about the 2025 military confrontation between India and Pakistan.

Jaishankar’s message to Pakistan

Referring to Pakistan without naming it directly in that remark, Jaishankar said a “serial practitioner of terrorism” had misrepresented facts before the UN General Assembly.

He said arguments were being made to normalise terrorism and claim immunity from its consequences, adding that such an approach would not stand. 

Jaishankar reiterated India’s position that the country would exercise its right to defend itself against terrorism.

He also said that friendship and goodwill could not coexist with terrorism and that understandings based on such circumstances would naturally be called into question. 

“It is for the perpetrator of terrorism to mend its ways,” Jaishankar said.

India stresses zero tolerance on terrorism

Jaishankar described terrorism as a persistent threat to peace and called for governments involved in cross-border terrorism to be held accountable.

He also stressed that there should be no dilution in India’s zero-tolerance approach towards terrorism and particularly called for greater attention to its financial aspects.

His remarks came a day after Pakistan Prime Minister Shehbaz Sharif referred to the 2025 India-Pakistan military confrontation during his UN General Assembly address. 

Jaishankar backs two-state solution for Palestine

During his UN address, Jaishankar also spoke about the situation in West Asia and said India was prepared to contribute to efforts addressing food and energy security amid continuing tensions and violence.

On the Palestine issue, he reiterated India’s longstanding support for a two-state solution.

Jaishankar said India was also contributing humanitarian assistance and relief efforts for the Palestinian people.

He also warned about continuing threats and pressures around the world and stressed the need for greater stability, security and predictability.

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Trump rejects Iran’s 7-day peace plan, says deal can come after US polls

US President Donald Trump rejected Iran’s seven-day proposal to end hostilities and indicated that a deal could come after the US midterm elections in November.

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Donald Trump

US President Donald Trump has rejected Iran’s latest proposal aimed at bringing an end to the ongoing conflict, while indicating that a possible agreement could come after the US midterm elections in November.

Iran had proposed a seven-day framework under which hostilities could be brought to an end, the Strait of Hormuz could be reopened and negotiations over its nuclear programme could resume.

Iran’s seven-day proposal

Iranian Foreign Minister Abbas Araghchi said Tehran had put forward the proposal through intermediaries. Under the plan, the Strait of Hormuz would be reopened by the end of the seventh day if specified conditions were met, while broader nuclear discussions would restart.

The proposal was based largely on an earlier understanding reached between Washington and Tehran, but Iran sought to implement the latest framework much faster. The earlier arrangement had provided a longer period for negotiations.

The Strait of Hormuz is a strategically important waterway for global energy shipments, making its reopening a key element of any effort to ease the wider conflict.

Trump points to US midterm elections

Trump, speaking at the United Nations, showed no indication that he was ready to immediately resume negotiations on the terms proposed by Tehran.

He called for the economic isolation of Iran and said he believed a deal could be reached after the US midterm elections in November. Trump also said Iran was waiting to see how he performed in the midterm elections.

The remarks came as Iranian officials signalled that they remained open to diplomacy and described the UN General Assembly as an opportunity to revive negotiations.

Nuclear talks remain part of Iran proposal

Iran’s latest plan links the easing of hostilities with the resumption of negotiations over its nuclear programme.

The proposal follows the collapse of an earlier US-Iran arrangement. According to reporting on the latest proposal, the new framework is intended to compress the timeline for implementing commitments that had previously been discussed by the two sides.

For now, Trump’s remarks indicate that Washington is not accepting Tehran’s seven-day framework as presented, while Iran continues to put diplomacy and negotiations forward as part of its proposal.

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