Contempt Vs Disqualification

The disqualification of Pakistan Muslim League Nawaz (PMLN) leader Daniyal Aziz comes as a shock to many because disqualifications based on such grounds have not been made before. A case of contempt of court was going on against the leader and such cases are the right of the court in cases where they feel that the institution is being maligned. It does not happen in cases where individuals voice their opinions against court decisions because the constitution grants the right of freedom of expression. This is what makes the contempt of court law very tricky as well because there is no marked boundary which defines how contempt and disagreement differ.

Since the law grants courts the space to prosecute individuals for contempt, they have every right to. However disqualifying politicians based on a contempt case is a never seen before move and something which is bothering the experts because the law should have clearly defined boundaries which highlight the cases in which an individual can be disqualified. These loosely defined parameters will allow many to take advantage of the loopholes and maneuver the law into their own favour.

The timing of this decision is also very crucial. The bandwagon of the PMLN is not going into the desired direction with many potent leaders being disqualified from contesting the elections. At this point, the disqualification of Daniyal Aziz on a never before seen move makes it very suspicious. Many are also claiming that the courts are biased and have an agenda against the PMLN group. Hence, it is the duty of the caretakers of the law to ensure that their decisions are out in the public and justified in a manner which ensures no loopholes and provides no undue advantage to a particular group.

In a polity which is fighting to sustain its democratic values, it is very important to uphold the law of the land and make outlines which are very thorough and precise. Disqualifications have become a routine matter and with every case, a new arena is being explored for disqualification. That not only prevents from narrowing the scope of the law but also creates confusion among the masses as to what exactly is the criterion for disqualification. They are pertinent questions which must be addressed in order to justify the disqualification of Daniyal Aziz or this decision will come back to haunt the institution.

ePaper - Nawaiwaqt