ISLAMABAD: Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial on Tuesday observed that Article 62(1)(f) of the Constitution, which imposes ultimate punishment of lifetime disqualification of lawmakers, is a ‘draconian’ constitutional provision.
He observed this while heading a three-member bench of the Supreme Court hearing a petition filed by Pakistan Tehreek-e-Insaaf’s (PTI) former senator Faisal Vawda, challenging his lifelong disqualification by the Election Commission of Pakistan (ECP) and the subsequent ruling by the Islamabad High Court (IHC) in a case pertaining to the submission of a false affidavit about his US nationality.
“Article 62 (1)(f) is a draconian law and we will hear this case with caution and in detail,” the CJP said. At the outset of hearing, Vawda’s senior counsel Waseem Sajjad submitted that his client contested general polls in 2018 and after two years a petition was filed in the high court seeking his disqualification. At this, the CJP said that the ECP has the authority to investigate a false affidavit submission, adding that even if the Supreme Court revokes the order, the facts would remain the same.
He further noted that the ECP has properly examined the facts in Vawda’s case and the only question here is whether the ECP can order disqualification for life or not. Later, the hearing was adjourned till October 6.
It may be recalled that in April 2018, the Supreme Court had declared that the disqualification under 62(1)(f) would be for life and consequently former Prime Minister Nawaz Sharif and Jahangir Tarin were disqualified for life under this article by the apex court.
Article 62(1)(f) of the Constitution sets the precondition for a member of parliament to be “sadiq and ameen” – honest and righteous.
Article 62(1)(f) of the Constitution states that, “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”.
On February 9, this year, the ECP had disqualified Vawda for concealing his US citizenship and directed him to return the salary and other benefits he had received as a minister and as a member of the National Assembly, within two months. It had also de-notified him as a senator.