Tariq Ullah Wardag
ISLAMABAD: The Supreme Court of Pakistan (SC) on Wednesday (today) resumed hearing of the petitions related to the determination of time-period of disqualification under Article 62(1)(f) of the Constitution.
A five member larger bench of the apex court headed by Chief Justice of Pakistan (CJP) Justice Mian Saqib Nisar and comprises of Judges Justice Umar Ata Bandial, Justice Azmat Saeed Justice Sheikh, Justice Sajjad Ali Shah and Justice Ijazul Ahsan took up the case.
During proceedings, Azam Tarar, the counsel of former prime minister Nawaz Sharif appeared before the court and pleaded the court for time to prepare for the case.
The CJP accepted the plea and directed Azam Tarar to come prepared next week.
Munir A Malik, the top court’s amicus curiae in the case while presenting his arguments regarding Article 62, 63 of the constitution mentioned basic rights and said that the basic rights are the heart of the constitution, adding that the lifetime disqualification is a violation of the basic rights. Presenting his aruguments, Sikander Mehmund, the counsel of PTI leader Jahangir tareen said that Article 62, 63 of the constitution do not mention lifetime disqualification.
Justice Mian Saqib Nisar remarked that the limit of Article 62(1)(f) is vast and asked to check the definition of dishonesty. He observed that dishonesty means cheating and a dishonest man could become the prime minister of the country.
Justice Umer Atta Bandial asked if a traitor can contest the election after five years and come to the parliament.
While presenting his arguments, Waseem Sajjad, the counsel of Allah Dino said that there is confusion in Articles 62, 63 of the constitution. CJP remarked “ the public notice was meant for those who are affected. All the affected persons should hire a combined lawyer. We want to determine the period of disqualification under article 62-1/F.
Wasim Sajjad counsel for Allah Dino said his client was denotified in 2013 on the basis of rejection of his nomination papers in 2008. The court should resolve the matter of article 62-1/F. The maximum period for disqualification should be for five years. The CJP remarked “ if the court disqualifies some one then can they said person take part in the polls after 3 months. Tariq Mehmood advocate said the disqualification should be for five years. Peshawar High Court (PHC) disqualified Pervez Musharraf for life due to dishonesty.
Sikandar Bashir counsel for Jahangir Tareen while opening his arguments said his client had filed review petition against the decision. The court will have to interpret article 62 and 63. In NAB and Rupa laws, disqualification is not for life.
CJP remarked honesty is part of article 62-1/F. If some declaration comes against any person that he is not mentally sound then will they said person be disqualified for life. The other words of article 62 will have to be seen.
Justice Ijaz ul Ahsan remarked “parliament has determined the period of disqualification under article 63,.Parliaemnt has not determined the period of disqualification under article 62 of the constitution. It means parliament did not want to undo disqualification under article 62. CJP remarked court is authorized to interpret the constitution. The scope of article 62-1/F is broad. Justice Ijaz ul Ahsan remarked unless the declaration of article 62-1/F is abolished its effects will continue.
Justice Sheikh Azmat Saeed remarked “parliament is approached for bringing any amendment in the constitution. Sikandar Bashir said the ban for life time has been slapped by court and not by the parliament.
CJP remarked “we have already said in a case that declaration cannot be given for withdrawing declaration. Justice Umar Ata Bandial remarked “honesty and dignity are very important things. Honesty is highly essential for a parliamentarian. We are talking about the leader of this nation.
We have to keep in mind the difference between qualification and disqualification. We have seen the money having been recovered from cars and washing machines. Can these people become prime minister, minister and MNA in future? There should be standards for the election of the leaders of nation.
Sikandar said the election stands null and void on a mistake in nomination paper. Justice Sheikh Azmat Saeed remarked “ you are giving arguments on your review petition. Justice Umar Ata Bandial remarked “ Will there be re-striction on a candidate after he completes his punishment term. Justice Sheikh Azmat Saeed rema-rked “we have to review difference between eligibility and disqualification . Will the disqualification declaration stand abolished automatically? Justice Ijaz ul Ahsan remarked no time limit was mentioned in article 62 and 63 in 18th amendment. What would have been time limit had you been disqualified under 18th amendment. This disqualification would have been for life before 18th amendment.
CJP remarked will the court have to determine period of disqualification separately in every case. Sikandar Bashir said he is not supporter of determination of period on case to case basis. The CJP remarked the amicus curiae has also talked of fundamental rights. We have declared disqualification on national identity card as life time disqualification.
Justice Umar Ata Bandial remarked wrong statement in nomination papers will be tantamount to lying with the people The hearing of the case has been adjourned till today.
