Islamabad High Court (IHC) Chief Justice Athar Minallah has said that the judiciary has faith in decisions made by the people, who are responsible even if they elect to power the wrong representatives.
“If eligibility or disqualification are to be decided, do so outside courtrooms,” the top Islamabad judge said while hearing a petition seeking the science and technology minister’s disqualification for allegedly hiding his assets.
Justice Minallah was due to hear the plea on February 1 (today). The court had already issued notices to Fawad and the Election Commission of Pakistan (ECP) for the hearing.
The petitioner has claimed that the minister did not disclose details of the land he owns in Jhelum in his nomination papers for the 2018 general elections. “He is no longer ‘sadiq and ameen’ and should be disqualified,” the petitioner had argued.
During the course of proceedings on Monday, the IHC ruled that it will hear the disqualification petitions against all MNAs and MPAs together and give a combined ruling on it.
The combined cases will be heard on March 9. The cases will be wrapped up together so that the court can listen to other petitioners, the court remarked.
The court has a clear stance on hearing cases against the representatives of the government. Courts should not be used for political motives, said Justice Minallah. “Why should we hear cases that will eventually lead to the criticism of the courts?”
The petitioner said that the court has to make a decision if the law is violated anywhere, the petitioner said, adding that former PM Nawaz Sharif was also disqualified by the courts.
Former CJ of Pakistan Asif Saeed Khosa had said that Parliament should amend Article 62 (1)(f). If it remains the same, then all of us could be disqualified under it, the court added.
Article 62 (1)(f) of the Constitution is a provision requiring elected officials to be ‘sadiq and ameen’ or honest and righteous. Former prime minister Nawaz Sharif and PTI leader Jahangir Tareen were disqualified under this clause.
Fawad, who attended the hearing, said that whatever has been presented in court is nothing but a classic example of blackmailing. “Courts are supposed to protect us from being blackmailed.”
Responding to Fawad, Justice Minallah said that the politicians should play their role in changing the blackmail culture. “People hurl abuses at judges on social media,” he remarked, adding that MPAs and MNAs should try to change this culture too.
