Nawaz can't be stopped from returning home, says Aitzaz
By Rafaqat Ali

ISLAMABAD, Dec 12: There is no provision in the constitution which empowers the government to force any citizen to live in exile in another country. Barrister Aitzaz Ahsen said that exile of any citizen is illegal and unconstitutional and the president has no power to convert imprisonment into exile.

Prominent constitutional law experts are of the view that no proceedings against any member of Sharif family can be initiated in their absence.

He said that sending Nawaz Sharif and his family into exile is an unconstitutional punishment, and every Pakistan, wherever he might be, has an inalienable right to return to his country.

The State, he said, may arrest a person on his return but cannot force him to live in exile.

Barrister Ahsen said that it was surprising that the president who has been a chief justice of a provincial high court, and a judge of the SC should think that he could exile any Pakistani and direct him not to return to Pakistan.

Even under Article 45 of the constitution, he said, the president could neither substitute punishments nor could he order the exile of any citizen.

As regards the forfeiture of Sharif family's properties, he said, the government cannot take the properties of any member of the Sharif family, except that of Mian Nawaz Sharif's, as they had not been convicted. "Whenever they return they will be entitled to recover their properties immediately."

"The Sharifs have obtained a handsome and profitable deal from this government. They cannot be re-arrested on return because non of them is convict, and Nawaz Sharif has been pardoned", he said.

Commenting on the government's statement that all the pending cases against the Sharif family would continue, he said that criminal cases cannot proceed in the absence of the accused. Supreme Court in its recent judgment (Mehram Ali, SC 1998) has held that trial in criminal cases in absentia is violation of Article 10 of the constitution.