While hearing the review petition by five judges bench in the Supreme Court [SC] of Pakistan - the petition filed by Senior Counselor Khawaja Haris representing Nawaz Sharif [NS] disqualification case.
The reason of Nawaz Shareef disqualification needs to see in broad spectrum that why he was disqualified?
a) While holding the public office the premier had no permission to work either in overseas or even in his own country [Pakistan] i.e. two jobs at a time were not permissible as NS was already a public office employee or Chief Executive of the country - he had no right to cheat and fraud with the state by keeping his Dubai employment secret.
b) Not only dual job - being govt. servant personal business also was not permissible to run while holding public office
c) As it crops rather attracts ‘’conflict of interest’’ that stained the legitimacy of the position the premier was holding.
d) Being running a state business and parallel running personal business got an opportunity & possibility to use the power conferred to a premier
e) A public office employee was not allowed to do another job simultaneously or at a time - by doing so he/ she broke the service rule and accountable before authority to clear his position.
f) Being a govt. servant the employer could terminate his job and even could take punitive action either job termination or imprisonment or both charges could fix in case of breaching the standing instruction.
g) Even a govt. clerk or Time keeper working in central govt. department - In provincial or federal - restriction had the same procedure for not doing two jobs
h) If govt. employee committed this crime he fell under jurisprudence of cheat & hiding the information with the employer
i) NS while holding public position as Prime Minister of Pakistan he was not authorized and eligible to work in overseas or in UAE simultaneously
j) Does not matter if he was Chairman of his own business or that business was running by his son - as he was shown in AQAMA in professional column as Chairman - so he was a chairman in FZE company and that the reason he had a valid AQAMA for his ‘’Work permit or Residential permit’’ as UAE govt. gave its labors.
k) The basic requirement of Labor ministry of UAE must be understood that for anyone who was employed in UAE/ Middle East he was hired through signing of ‘’Labor contract or employment contract’’ that validates the employee and employer status to move forward
l) Job contract or contract of employment was submitted in ministry of labor & that contract enabled the employee to get access of govt. hospital functional in the region and financial matters in the country.
m) AQAMA a permission to live in the country enabled the employee to get utility connections and could sign off real state contract for house/ flats in the country
n) AQMA signified visa status of the employee in the country which was embossed on individual passport, besides
o) A plastic printed card known as ‘’work permit or residential permit [RP]’’ is issued by passport issuing department where at every stages RP such as opening account, auto loan, buying a car, for making driving license & its renewal, utility connection at home, applying for family visa or buying air line tickets & immigration clearance etc – without RP life is dead
p) If anyone got employment or recruited as Chairman of a company in Middle East - UAE - Saudi Arabia – Bahrain – Kuwait – Oman - Qatar he was supposed to sign a trail of documents for every single facility in govt. department or for employee own needs.
q) To open bank account a confirmation letter from the employer is needed in favor of the employee authorizing him to open bank account in order to transfer monthly salary into his personal account
r) Once salary is transferred in employee’s account whether it is withdrawn by the employee or not it becomes the property of the employee
The documents provided by the Joint Investigation Team (JIT) looking into the Sharif family's businesses show that Nawaz Sharif did receive salary as the chairman of Capital FZE, said the Supreme Court judges while hearing the review petition
s) The reason of disqualification on July 28th court verdict; the salary which had not been withdrawn by NS was not mentioned as receivable while NS submitted nomination paper to contest general election in 2013 with Election commission of Pakistan such ignorance opens a deliberate act, misled or avoided to mention or hid it or kept it omitted etc.
t) So such error being a chief executive of Pakistan was not ignorable but fell a serious question that why NS did it?
u) Further NS took oath as premier of Pakistan so once it had been finalized neither another employment in overseas was applicable nor running business in any form in overseas – such act fell under jurisprudence of law of the land and he was disqualified?
v) Such act also fell into the constitutional clause of 62 & 63 and that’s the Judges of SC did as he [NS] proved himself a distrusted, not reliable where SADIQ & AMEEN clause crops.
Justice Ejaz Afzal said that the employment agreement stated that a salary of 10,000 DH had been set for Sharif.
"The JIT documents tell us that Sharif had an account to receive the salary," said Justice Ahsan, adding that according to the findings, [Sharif's] first salary was drawn on August 01, 2013.
w) Whether NS withdrew his monthly salary or not – the basic clause of NS how he could withdraw the salary if he was the prime minister of Pakistan so he committed crime or broke the constitutional clause which negates the demand of honesty, loyalty and sincerity with the country being prime minister of Pakistan.