Tag: disqualification case

  • SCBA president files petition against lifetime disqualification in SC

    SCBA president files petition against lifetime disqualification in SC

    President Supreme Court Bar Association (SCBA) Mohammad Ahsan Bhoon on Thursday filed a petition against the lifelong disqualification of lawmakers and said that such a law without the right to appeal is unjust.

    The petition asks the Supreme Court (SC) to rule that the declaration by a court of law under Article 62(1)(f) only applies to the election under question, and does not entail a perpetual or lifetime bar on contesting future elections, reports Dawn.

    The petition argues that the lack of clarity regarding the procedure for a declaration under Article 62(1)(f) continues to pose an obstacle to the constitutional protection of citizens under Article 17(2), which allows citizens to form or become a member of any political party.

    It is pertinent to mention here that the result of this petition can affect the outcome of SC verdicts disqualifying former prime minister and Pakistan Muslim League-Nawaz (PML-N) supreme leader Nawaz Sharif, as well as Pakistan Tehreek-e-Insaf’s (PTI) disgruntled leader Jahangir Tareen.

    The two were disqualified as lawmakers in judgements rendered in the Panama Papers case on July 28, 2017, and the Hanif Abbasi case on Dec 15, 2017, respectively.

    The contents of the petition said that the principle of lifetime disqualification should only be applied to electoral disputes. Under Article 184/3 of the Constitution, the SC cannot act as a trial court and there is no right to appeal against the decisions made by the apex court, which contradicts the principles of justice.

    The petition said that the lifelong disqualification without the right to appeal is unjust to the voters. 

  • ECP reserves verdict in Faisal Vawda’s disqualification case

    ECP reserves verdict in Faisal Vawda’s disqualification case

    The Election Commission of Pakistan (ECP) has reserved its verdict on a disqualification petition filed against Pakistan Tehreek-e-Insaf (PTI) leader Faisal Vawda.

    Chief Election Commissioner (CEC) Sikandar Sultan Raja heard the petition filed against Vawda in Islamabad pertaining to his dual citizenship. Pakistan People’s Party’s (PPP) Qadir Khan Mandokhel and Faisal Vawda appeared before an ECP bench.

    CEC Sikandar Sultan Raja asked Mandokhel whether he wanted to present more documents or give additional arguments.

    Mandokhel said today is the 30th hearing of the case but he could not get the answers to his questions. The PPP leader said, “ECP has been issuing warnings for the last one-and-a-half years.”

    On this, Raja said that the ECP will decide the case whether it gets the answers or not.

    Mandokhel was of the view that Faisal Vawda had held United States (US) nationality at the time of filing his election nomination papers. He said that the concerned RO was not punished as he had rejected his papers instead of disqualifying Vawda.

    The PPP leader said that Vawda had falsely declared in an oath to the ECP that he did not hold any foreign nationality. The PTI leader had concealed his dual nationality during the scrutiny of his nomination papers, said Mandokhel.

    Vawda’s counsel rejected the allegations, saying that his client had never applied for another country’s nationality. He said Vawda was born in the US and that his client had cancelled his American passport.

    As per NADRA’s record, Vawda’s US citizenship had been seized on May 29, 2018, said his counsel.

    The chief election commissioner inquired whether NADRA could issue a certificate that says an individual is a Pakistani citizen and not that of any other country.

    “How can NADRA know this? We will look into this matter,” said the chief election commissioner.

    After hearing the arguments of both sides, the ECP reserved its verdict in Vawda’s disqualification case.

    The ECP had adjourned the hearing till December 23 while directing Vawda to submit his arguments by this date.