ISLAMABAD -  The counsel of Prime Minister Nawaz Sharif said a member of parliament could not be disqualified without the declaration of a competent court and solid proof.

Makhdoom Ali Khan, representing the PM, argued: “If on the basis of Article 62 (1)(F) of Constitution a member has to the be disqualified then the threshold should be very high and that criteria has not been met in this case.”

He said factual inquiry can’t be made in extraordinary jurisdiction of Supreme Court under Article 184(3) of Constitution.

The counsel said an SC bench in Ishaq Khan Khakwani vs Nawaz Sharif case had outlined three ingredients for the declaration of disqualification under Articles 62 and 63 – which court will be competent to make such declaration or to pass an order convicting a member of Parliament, what will be the procedure adopted by such court for rendering such declaration/conviction; and what will be standard of proof required for making such declaration or order of conviction.

When asked by Justice Sheikh Azmat Saeed what happened about the PM’s statement he made before the NA during the PTI sit-in, Makhdoom replied that an SC seven-member bench in December 2014 had upheld the judgment of the Lahore High Court.

The LHC had ruled that they have to see in what background and context the statement was made.

The PM’s lawyer also argued that in the dual nationality case the apex court had disqualified number of parliamentarians as Article 63 and the judgment of former CJ Tassadaq Hussain Jillani had declared that the MNAs and MPAs should not hold dual nationality.

He said the fake degree cases came up to the apex court from the Election Tribunal under Article 185 of constitution.

Regarding the disqualification of Pervez Musharraf under Article 62(1)(F), Makhdoom contended the returning officer in general elections 2013 had rejected the nomination papers of Musharraf on the basis of Supreme Court declaration.

Justice Ejaz Afzal Khan said the declaration against Pervez Musharraf was passed by the august court in Sindh High Court Bar Association.

The lawyer contended that Pervez Musharraf as President of Pakistan had declared emergency and abrogated the constitution and thus violated his oath.

Makhdoom also said the National Assembly speaker rightly dismissed the reference against PM as there was no declaration or conviction by the court of law.

He also briefed the court about the sections 78(1)(D) and 99(1)(F) of Representation of People Act, 1976, which talk about the disqualification for not being sagacious, righteous, non-profligate and Ameen.

Capt (r) Safdar and Finance Minister Ishaq Dar also submitted additional documents to the court. Safdar informed the court that he had been paying tax since 1986 and attached the relevant documents. Dar filed the Islamabad High Court judgment regarding case against him. The hearing is adjourned until January 16.