HomePakistanOnly court can disqualify MP under Article 62(1)(f): CJP

Only court can disqualify MP under Article 62(1)(f): CJP

ISLAMABAD   –   Chief Justice of Paki­stan Justice Umar Ata Bandial Thursday said that only the court can disqualify any legisla­tor under Article 62(1)(f) of the Constitution but it is not easy to ban someone for life.

The Chief Justice said this while heading a three-member bench of the apex court which heard an appeal of Pa­kistan Tehrik-e-Insaf’s former senator Faisal Vawda against the ver­dicts of Islamabad High Court (IHC) and the Election Commission of Pakistan (ECP). Vawda has challenged his life­time disqualification by the ECP and the subse­quent ruling by the IHC.

During the hear­ing, Justice Bandial ob­served that no one can be declared dishonest without examining the evidence. He added, “It is not so easy to disqual­ify someone for life”. The CJP further said, “Judi­cial declaration means recording of evidence. The Supreme Court (SC) in its judgments has set criteria for the applica­tion of Article 62(1)(f).” Waseem Sajjad, repre­senting PTI leader Fais­al Vawda, argued in the court that the former sena­tor neither concealed facts nor did anything in bad faith. At this, Justice Mansoor in­quired, “When did Fais­al Vawda submit his nom­ination papers?” The Chief Justice observed that Fais­al Vawda had renounced his US citizenship after submit­ting his nomination papers before the ECP. He said in the instant matter the de­bate should be whether the disqualification is limited to contest next elections or it is for life. The lawyer in­formed that the PTI leader submitted his nomination papers on June 7, 2018, and scrutiny took place on June 18. Justice Mansoor fur­ther asked, “When did Fais­al Vawda submit the affida­vit?” Waseem Sajjad replied, “Vawda submitted the affi­davit on June 11, 2018. The returning officer was also told that he had given up his US nationality. Vawda went to the US Embassy and stat­ed that he is giving up his nationality.” The PTI leader also got his National Iden­tity Card for Overseas Pa­kistanis (NICOP) cancelled, he added. Justice Mansoor asked from the counsel that did his client go to the em­bassy and verbally tell them to cancel the passport? Sajjad responded, “He did not have to give the proof of cancelling the nationality.”

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