Pakistan’s Chief Justice describes Article 62 (1) (f) as ‘draconian law’
Pakistan’s Chief Justice Umar Ata Bandial on Tuesday remarked that Article 62(1)(f) of the Constitution, which sets the precondition for a member of parliament to be “sadiq and ameen” – honest and righteous – was a “draconian law”.
Justice Bandial made the remarks as the Supreme Court heard an appeal by PTI leader Faisal Vawda against his disqualification for life, under the law.
Article 62(1)(f) of the Constitution of Pakistan states: 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”.
In February, the Election Commission of Pakistan had disqualified Mr 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.
During Tuesday’s hearing, the Chief Justice remarked that the apex court would carefully listen to the case at hand.
“The election commission has the right to investigate a false affidavit,” he said and added: “Even if we set aside the ECP’s verdict, the facts will remain the same.” He said the commission had correctly reviewed the facts in Vawda’s case.
“The question is whether or not the ECP can order disqualification for life,” Justice Bandial said.
The hearing was adjourned till October 6 (Thursday).
Mr Vawda has sought in his petition to set aside a declaration by the ECP on Feb 9 which led to his disqualification as a lawmaker for life.
He 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 (1) (c) – related to having dual nationality – could automatically be penalised under Article 62(1) (f), he said.
It is pertinent to mention that the apex had ruled in 2018 that disqualification handed down under Article 62 (1) (f) was for life.
Article 62 (1) (f) was the same provision under which former prime minister Nawaz Sharif was disqualified the apex court on July 28, 2017, in the Panamagate case. Likewise, former PTI leader Jahangir Tareen was disqualified in 2017 by a separate bench of the apex court under the same provision.
