ISLAMABAD - Chief Justice of Pakistan Justice Umar Ata Bandial Tuesday said that Article 62(1)(f) of the Constitution, under which a lawmaker is disqualified for life, is a ‘draconian law’.
He said this while hearing an appeal of PTI’s former senator Faisal Vawda against the verdicts of Islamabad High Court (IHC) and the Election Commission of Pakistan (ECP). Vawda had challenged his lifetime disqualification by the ECP and the subsequent ruling by the IHC.
During the hearing by the three-member bench, CJ Bandial observed that “Article 62(1)(f) is a draconian provision” and they have to see whether the ECP can disqualify the legislator permanently.
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”.
Under the Article 62(1)(f), PML-N Quaid Nawaz Sharif and former PTI leader Jehangir Tareen were disqualified for life by different benches of the apex court in 2017.
During the court’s proceedings, Waseem Sajjad informed the bench that his client had contested elections in 2018 and two years later a disqualification petition was filed in the high court for submitting a false affidavit.
“Even if the SC declares the lifetime disqualification orders illegal, the facts would remain the same,” remarked CJ Bandial. He added that the ECP has “properly reviewed” the case.
“The only question, in this case, is whether or not the ECP can issue orders for lifetime disqualification,” observed CJ Bandial.
The ECP in February this year 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. In his petition, Vawda has sought to set aside a declaration by the ECP on February 9 which led to his disqualification as a lawmaker for life.
Vawda pleaded 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 an impression that any person disqualified under Article 63(1c) — for having dual nationality — could automatically be penalised under Article 62(1f), he said.
