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Sharif`s fourth application against CJ order rejected

By Nasir Iqbal 2018-01-05
ISLAMABAD: The Supreme Court on Thursday rejected yet again the applic ation of disqualified prime minister Nawaz Sharif seeking to set aside its Nov 16 order of dismissing his earlier plea of declaring as illegal the National Accountability Bureau`s multiple corruption references against him.

The former prime minister had filed for the fourth time the application for the constitution of a bench to reviewChief Justice Mian Saqib Nisar`s Nov 16 order of rejecting his similar request during a chamber hearing.

But the same application, along with complete paper books, was returned again by the court ofhce on Thursday with a direction that these are not entertainable.

In its order, the registrar office explained that the application under Order V, Rule 2 of the Supreme Court Rules, 1980, for reconsideration of the decision of returning the application can only be made when the order, which the application assails, was passed under this very provision i.e.

Order V Rule 2.

But the Nov 16 order of the chief justice against which the application was instituted was passed under Order V, Rule 3 of the Supreme Court Rules, said a one-page order issued by the Assistant Registrar (Civil-II).The Supreme Court rules Order V, Rule 2 deals with the power of the court which was exercised by a single judge, while sitting in his chambers to hear appeals against rejection of a plaint thatcould againbe reconsidered atthe instance of any aggrieved party by a bench of not less than three judges.

Likewise Order V, Rule 3 deals withappeals bytheregistrartobeheardby a judge in his chamber.

The fresh application which got rejected again on Thursday had pleaded before the Supreme Court to order the registrar office to assign a proper registration number to the main petition of Nawaz Sharif and then fix it before a bench of the court to com-mence hearing of the same.

In the application former prime minister, through his counsel Khawaja Haris Ahmed had requested the court to set aside the Oct 20, 2017, order of the assistant registrar of returning his main plea.

A five-judge Supreme Court bench headed by Justice Asif Saeed Khosa, while deciding the Panama Papers Leaks case, had ordered NAB on July 28 to furnish references against Nawaz Sharif and his family members on the basis of the material collected by the Joint Investigation Team (JIT) in its report.

Nawaz Sharif and his family members are facing three corruption references before the Accountability Court No. 1, Islamabad which has already indicted the former premier in these references.

The application had pleaded thatthe new application was filed with an abundant caution because the Nov 16 orderdoesnottakeintoaccountthatit had been held by this court in earlier judgements that the mere fact that a party had misplaced and misdirected itself in presenting its case would not be considered to be an impediment in correcting a judgement passed by the Supreme Court.

In fact, it had been categorically held by the apex court in earlier judgements that dismissal of the review petition does not limit the inherent powers of the apex court under Article 184(3) (enforcement of fundamental rights) and Article 187 of the Constitution (issue and execution of process of the Supreme Court) to set the law right where the judgement is per incuriam (without jurisdiction) and no amount of technicalities can stand in the way of thiscourtin achieving thisgoal.