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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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China says it will properly handle differences with India ahead of Modi-Xi talks

China has stressed stronger communication and cooperation with India ahead of President Xi Jinping’s bilateral meeting with PM Modi in Delhi.

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China has said it is ready to strengthen communication and cooperation with India and appropriately manage differences between the two countries ahead of Chinese President Xi Jinping’s meeting with Prime Minister Narendra Modi in New Delhi.

Chinese Ambassador to India Xu Feihong said Beijing and New Delhi were arranging a bilateral meeting between Xi and Modi on the sidelines of the 18th BRICS Summit.

The meeting is scheduled for 5:45 pm on Saturday, according to the report. Xi’s visit marks his return to India after nearly seven years.

China stresses cooperation with India

In a post on X on Friday, Xu said China would work with India in line with the strategic guidance provided by the two leaders.

He said Beijing wanted to approach India-China relations from a strategic and long-term perspective while increasing communication and cooperation.

China said it would properly handle differences and work towards good-neighbourly relations while helping each other succeed. 

Chinese Foreign Ministry spokesperson Mao Ning echoed the position during a media briefing, saying Beijing would work with New Delhi to strengthen communication, expand cooperation and manage differences.

Modi-Xi meeting comes ahead of BRICS Summit

Xi Jinping has travelled to New Delhi to participate in the 18th BRICS Summit, which India is hosting on September 12 and 13.

The Chinese President’s visit comes after a period of strain in India-China relations following the 2020 Galwan Valley clash. Relations have since seen efforts towards stabilisation, including meetings between Modi and Xi in Kazan and Tianjin.

The upcoming meeting in New Delhi will be the third consecutive year in which the two leaders have met, according to the Chinese side.

Xi left Beijing on Saturday for India at the invitation of Prime Minister Modi. His delegation includes senior Chinese officials, including Cai Qi and Wang Yi.

The Modi-Xi bilateral is expected to provide another opportunity for the two sides to maintain high-level engagement while addressing differences in their relationship.

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Iran President Pezeshkian says country will not bow to US, Israel

Iranian President Masoud Pezeshkian, speaking in Delhi, said Iran would not surrender to pressure from the US and Israel and expressed hope for deeper cooperation with India.

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Iranian President Masoud Pezeshkian on Friday said his country would not surrender to pressure from the United States and Israel, asserting that Iran would continue to push back against what he described as attempts to bully the country.

Pezeshkian made the remarks in New Delhi while addressing Indian religious leaders, intellectuals and business leaders. He had arrived in India earlier in the day to participate in the BRICS Summit.

The Iranian president also expressed hope that his discussions with Prime Minister Narendra Modi would help expand cooperation between India and Iran across several areas.

Pezeshkian says Iran will resist pressure

Speaking about the conflict involving Iran, the US and Israel, Pezeshkian said Iran would not bow to pressure.

He accused the US and Israel of trying to bully Iran and said his country would respond if pushed. Pezeshkian also questioned accusations against Iran and criticised attacks on infrastructure and civilian facilities.

He said the Iranian people would not surrender and emphasised what he described as the importance of equal rights and human values.

Pezeshkian also alleged that 168 schoolchildren were killed in an attack and questioned claims by the US and Israel regarding human rights. These remarks were delivered through a translator, according to the source.

Iran seeks wider cooperation with India

Pezeshkian thanked the Indian government and Prime Minister Modi for the hospitality extended during his visit.

He said his talks with Modi could pave the way for greater cooperation between the two countries in areas including culture, technology, trade, science and the economy.

The Iranian president said India and Iran could work together to revive and strengthen these areas of cooperation.

Modi, Pezeshkian hold bilateral meeting

Modi met Pezeshkian on the sidelines of the BRICS Summit in New Delhi. It was the second meeting between the two leaders in less than two weeks.

They had previously met on the sidelines of the SCO Summit in Bishkek on August 31.

During their latest meeting, the two leaders discussed various aspects of India-Iran relations. Modi thanked Iran for its continued high-level participation in BRICS-related meetings despite the challenging circumstances.

The Prime Minister also thanked Pezeshkian for taking part in the Leaders’ Session of the BRICS Business Forum.

India reiterates call for dialogue

According to the PMO release cited in the report, Modi and Pezeshkian exchanged views on recent developments in West Asia.

Modi reiterated India’s position that issues should be resolved through dialogue and diplomacy. He also stressed the importance of efforts aimed at achieving lasting peace and stability in the region.

The Prime Minister highlighted the need to safeguard freedom of navigation and commerce as well as the safety and well-being of seafarers.

The two sides also discussed continued cooperation on issues of mutual interest in multilateral organisations, including BRICS.

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PM Modi, Iran President Pezeshkian discuss West Asia crisis and trade ties in Delhi

PM Modi met Iranian President Masoud Pezeshkian in Delhi amid West Asia tensions, with talks focusing on regional stability, seafarer safety and India-Iran ties.

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Prime Minister Narendra Modi met Iranian President Masoud Pezeshkian in New Delhi on Friday for bilateral talks held on the sidelines of the BRICS Summit. The meeting came amid heightened tensions in the Middle East and focused on regional stability, maritime safety and strengthening India-Iran ties.

Pezeshkian arrived in India to attend the BRICS Summit and held discussions with PM Modi for the second time in less than two weeks. Modi had earlier met the Iranian president on August 31 on the sidelines of the Shanghai Cooperation Organisation (SCO) Summit in Bishkek.

During Friday’s meeting, PM Modi highlighted India’s concerns over the continuing crisis in West Asia. He stressed that the safety and security of seafarers remains a top priority for India.

India also reiterated its position that a lasting solution to the regional crisis must come through dialogue and diplomacy. Energy security was another key concern, with India emphasising the need for safe passage for vessels carrying supplies.

The talks took place against the backdrop of the wider Middle East crisis, including the blockade of the Strait of Hormuz, which has raised concerns over energy security and maritime trade. 

Pezeshkian calls for greater BRICS economic resilience

Earlier on Friday, Pezeshkian addressed the BRICS Business Forum and called for greater economic cooperation among member countries.

He said BRICS should focus on strengthening its economic resilience and advocated the use of national currencies for trade among member countries. The Iranian president also argued that the grouping should work toward reducing dependence on the US dollar.

Pezeshkian criticised US sanctions and military actions, saying BRICS should create conditions where legitimate trade cannot be disrupted by the monopolisation of financial instruments.

Modi and Pezeshkian had met in Bishkek

PM Modi and Pezeshkian had last met on August 31 in Bishkek. During that meeting, Modi said India wanted to strengthen its longstanding friendship with Iran and expand and diversify bilateral trade.

The two leaders also discussed developments in the West Asia conflict. Modi reiterated India’s position that disputes should be addressed through dialogue and diplomacy and stressed the importance of protecting civilians, commercial shipping and seafarers.

During the earlier meeting, Pezeshkian had sought India’s diplomatic support in encouraging the conflicting sides to move away from violence and return to negotiations.

The latest Modi-Pezeshkian talks come as India hosts the BRICS Summit in New Delhi, with the regional crisis and its impact on the global economy forming an important backdrop to the high-level discussions.

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