SUPREME COURT JUDGEMENT IN NAWAZ SHARIF CASE
AUGUST 23, 2007
Fundamental Rights enshrined in the Constitution are always considered paramount and cannot be curtailed, usurped or infringed by any legislative device or executive measurement. However, it is subject to any reasonable restriction that may be imposed by law in the public interest.
No such reasonable restriction could be pointed out by the learned Attorney General for
The undertaking cannot be equated to that of legal restrictions imposed in the public interest.
Article 9 of the Universal Declaration of Human Rights declares: No one shall be subjected to arbitrary arrest, detention or exile.
Article 13 states: Everyone has the right to leave any country, including his own, and to return to his country.
The Human Rights Declaration itself draws its inspiration in this regard from the Magna Carta, which, as early as 1215, proclaimed: "No man shall be outlawed or exiled Except by the lawful judgment of his equals or by the law of the land.
International Covenant on Civil and Political Rights (ICCPR): Article 12(4) states that no one shall be arbitrarily deprived of the right to enter his own country.
Notwithstanding national and international efforts to outlaw political exile, the practice persists in authoritarian and politically under-developed societies as an undesirable legacy of ancient times.
Had this undertaking not been in the field the position would have been different and sentence awarded in various cases would remain intact. The petitioners got remission/pardon on the basis of such undertaking hence it cannot be kept out of consideration.
Journey to
They were fully aware about it and by no stretch of imagination it can be termed as "forced exile".
Forced exile of King Bahadur Shah Zafar to
The petitioners being citizens of Pakistan can return to their country as no restraint can be placed on a Pakistani citizen to return to his country and the undertaking given by the petitioners had no Constitutional legitimacy as such the petitioners cannot be prohibited from coming to Pakistan
Every citizen has undeniable right vested in him as conferred under Article 15 of the Constitution to go abroad and return back to
Any invasion upon the rights of citizens by anybody no matter whether by a private individual or by a public official or body, must be justified with reference to some law of the country.
Functionaries of State are to function strictly within the sphere allotted to them and in accordance with law
An action of an Authority admitted to be derogatory to law and Constitution is liable to be struck down."
It is declared that Mian Muhammad Nawaz Sharif and Mian Muhammad Shahbaz Sharif, under Article 15 of the Constitution of Islamic Republic of Pakistan, 1973 have an inalienable right to enter and remain in country, as citizens of
Their return/entry into country shall not be restrained, hampered or obstructed by the Federal or Provincial Government Agencies, in any manner
Bench already constituted for Constitution Petitions may proceed with the matter from 18th October 2007 to dispose of the cases accordingly- Chief Justice Iftikhar Muhammad Chaudhry
Justice Falek Sher expressed his inability to be a member of the Bench, as according to him he has already expressed his opinion on merits in Constitution Petition-
Same is the position of Justice Mian Shakirullah Jan
Justice Rana Bhagwandas is out of country being on ex-Pakistan leave
Justice Nasir-ul-Mulk is proceeding abroad on official commitment on October 20-
Justice Saiyed Saeed Ashhad is on medical leave
I feel that the judicial propriety requires that I should not sit in the Bench hearing petitions involving election of the incumbent President of
-----------------------------------------------------------
N A D E E M M A L I K
CNBC PAKISTAN
BUREAU CHIEF
ISLAMABAD
0321-5117511
16th Floor,
Express yourself instantly with MSN Messenger! MSN Messenger Download today it's FREE!
