Time running out for Nawaz, Imran

ISLAMABAD: Time is running out for Nawaz Sharif and Imran Khan to get their convictions reversed in order to take part in the upcoming general elections.

As the election date – Feb 8, 2023 – has been announced, these top leaders have nearly one month period to get chit from courts to become eligible for taking part in the elections.

The Election Commission of Pakistan has to announce the polls schedule early next month to hold elections on Feb 8. A minimum of 54 days schedule is required to hold elections. It means the ECP will have to announce the election schedule in the first week of December 2023.

The major challenge for Nawaz Sharif and Imran is that both are disqualified to contest elections or hold any public office. They are ineligible after being convicted by courts in different cases.

Imran Khan was convicted in the Toshakhana case. His sentence in this case though has been suspended by the Islamabad High Court, the conviction is still there.

In order to become eligible to contest the polls, Imran Khan needs acquittal in the Toshakhana case. It can be possible only if the IHC fixes for hearing Imran’s appeal against the conviction soon.

In criminal cases, such appeals are fixed for hearing by IHC on the basis of their turn. Secondly the hearing of appeals can also take some time.

In the case of Nawaz Sharif, he needs to get acquittal from IHC in Avenfield and Al-Azizia cases besides settling the issue of his disqualification for life in the Panama case.

Although, IHC has revived Nawaz Sharif’s appeals in Avenfield and Al-Azizia cases, these appeals are not yet fixed for hearing. It is expected these appeals may be fixed early and decided as well, but Nawaz Sharif’s disqualification for life in the Panama case is a bigger threat for his political future.

A recent verdict of the Supreme Court on SC’s Practices and Procedures Act 2023 has dampened Nawaz Sharif’s chances to clear his conviction.

The SC though upheld the Act, did not endorse its sub-section (2) of Section 5, which was granting a right of appeal retrospectively. The said sub-section was declared ultra vires of the Constitution. With the right to retrospective appeal denied, Nawaz Sharif could not appeal against his lifetime disqualification from participation in politics.

With the sub-section (2) of Section 5 having been struck down by the apex court, the PMLN is now banking on another controversial law – the Election Act 2017 as amended in 2023 during the PDM government’s tenure – to insist Nawaz Sharif’s disqualification for life is no more relevant.

In the Election Act, an amendment was introduced in Section 232 (Qualifications and Disqualifications) of the Election Act, 2017 to set the period of disqualification to five years. It said the disqualification period under Article 62 of the Constitution would not exceed five years.

Disqualification of a lawmaker will be considered for five years where the tenure of the punishment is not specified in the Constitution. Nawaz Sharif was disqualified under Article 62(1)(f) after having not been declared Sadiq and Ameen in the Panama case by the Supreme Court.

The PMLN believes the Election Act amendment will work for Nawaz, who will not even be required to approach the apex court, as he has already completed his five-year disqualification period.

Others, including even some independent legal experts, insist without a constitutional amendment or Supreme Court’s ruling, Nawaz Sharif’s life disqualification cannot be reduced to five years on the basis of an amendment in the law.

The said amendment also contradicts the SC’s judgment that had held disqualification under Article 62(1)(f) for life. Some believe the only hope for Nawaz is the petition of Pakistan Bar Council led by Ahsan Bhoon, which had challenged the lifetime disqualification of parliamentarians.