Chief Justice of Pakistan, (CJP) Umar Ata Bandial, has termed the lifetime disqualification of politicians under Article 62(1)(f) of the Constitution a “Draconian law”.
“Article 62 (1)(f) is a draconian law and we will hear this case with caution and in detail,” the CJP remarked while hearing Pakistan Tehreek-e-Insaf (PTI) leader Faisal Vawda’s appeal against his disqualification for life under the article.
According to Article 62(1)(f), a person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) “unless — he is sagacious, righteous, non-profligate, honest and ameen, there being no declaration to the contrary by a court of law”.
The Article was previously used to disqualify Nawaz Sharif, the three-time former Prime Minister whose party is now holding power in the federal capital. Former PTI leader Jahangir Khan Tareen was also disqualified for life under the same article.
Vawda had appealed to the top court to set aside the order of the Election Commission of Pakistan (ECP) and the Islamabad High Court (IHC) in which he was handed out a lifetime disqualification.
In February, ECP disqualified Vawda for hiding his United States (US) citizenship. Later, he approached Islamabad High Court (IHC), seeking the revocation of his lifetime disqualification, however, the court dismissed Vawda’s plea.
Vawda has pleaded to Supreme Court that the ECP had cited no reason for invoking Article 62(1)(f) of the Constitution to disqualify him for life. The commission appears to be under the impression that any person disqualified under Article 63(1)(c) — for having dual nationality — could automatically be penalised under Article 62(1)(f), he said.
During the hearing on Tuesday (today), the CJP said, “The election commission has the right to investigate a false affidavit.”
“Even if we set aside the ECP’s verdict, the facts will remain the same,” he added.
“The question is whether or not the ECP can order disqualification for life,” Justice Bandial said.
The hearing was later adjourned till October 6 (Thursday).
It is pertinent to mention that in 2018 the Supreme Court declared that the disqualification under 62(1)(f) would be for life.
Under this same article, both Nawaz Sharif and Imran Khan’s former close aide Tareen are currently disqualified for life.
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