Lifetime disqualification under Article 62(1)(f) is a draconian law, CJP Bandial

Lifetime disqualification under Article 62(1)(f) is a draconian law, remarked Chief Justice of Pakistan (CJP) Umar Ata Bandial!

The remarks from the CJP come as the top court takes up Faisal Vawda’s appeal against his lifetime disqualification under the article that mandates MNAs are “Sadiq and Ameen”.

• According to Article 62(1)(f) of the Constitution,, 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 apex court in April 2018 declared that the disqualification under 62(1)(f) would be for life.

A three-member bench of the apex court headed by CJ Umer Ata Bandial heard the case today.

CJP Bandial remarked that the apex court would carefully listen to the case at hand.

“The election commission has the right to investigate a false affidavit,” he said.

“Even if we set aside the ECP’s verdict, the facts will remain the same,” CJP said, adding that the commission had correctly reviewed the facts in Vawda’s case.

“The question is whether or not the ECP can order disqualification for life,” Justice Bandial said.

Vawda’s counsel Waseem Sajjad said before the court that his client contested polls in 2018 and after two years a petition was filed in the high court seeking his disqualification.

Farooq H Naik contended that the IHC had written in the verdict that Faisal Vawda admitted his dual nationality.

The hearing has been adjourned till October 6 (Thursday).

PTI’s Faisal Vawda filed a petition in the Supreme Court in February under Article 185(3) of the Constitution for leave to appeal against the order of the Election Commission of Pakistan (ECP) dated February 9 and the February 16 Islamabad High Court judgment.

In the appeal, Vawda pleaded that the ECP had cited no reason for invoking Article 62(1)(f) to disqualify him for life. The electoral body, it added, appears to be under an impression that any person disqualified under Article 63(1)(c) — for having dual nationality — could automatically be penalized under Article 62(1)(f).

It is pertinent to mention that former prime minister Nawaz Sharif and PTI leader Jahangir Tarin both are disqualified for life under the said article.

 

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 a citizen of Pakistan;

he is, in the case of the National Assembly, not less than twenty-five years of age and is enrolled as a voter in any electoral roll in-

any part of Pakistan, for election to a general seat or a seat reserved for non-Muslims; and

any area in a Province from which she seeks membership for election to a seat reserved for women.

he is, in the case of the Senate, not less than thirty years of age and is enrolled as a voter in any area in a Province or, as the case may be, the Federal Capital or the Federally Administered Tribal Areas, from where he seeks membership;

he is of good character and is not commonly known as one who violates Islamic Injunctions;

he has adequate knowledge of Islamic teachings and practices obligatory duties prescribed by Islam as well as abstains from major sins ;

he is sagacious, righteous and non-profligate, honest and Ameen, there being no declaration to the contrary by a court of law;

he has not, after the establishment of Pakistan, worked against the integrity of the country or opposed the ideology of Pakistan.

The disqualifications specified in paragraphs (d) and (e) shall not apply to a person who is a non-Muslim, but such a person shall have a good moral reputation.”