Pakistan

Article 62(1)(f) imposing lifetime ban is a draconian law: CJP Bandial

Published

2 years ago

Farwa

Supreme Court hears Faisal Vawda’s lifetime disqualification case.
CJ says ECP has authority to probe false affidavits.
ECP has properly examined facts in Faisal Vawda case, says SC.

ISLAMABAD: Chief Justice Umer Ata Bandial Tuesday termed Article 62(1)(f) of the Constitution that imposes a lifetime ban of politicians a “draconian” law.

The chief justice made these remarks while a hearing a petition filed by PTI leader Faisal Vawda against his lifetime disqualification in a case pertaining to the submission of a false affidavit about his US nationality.

A three-member bench of the apex court headed by CJ Umer Ata Bandial heard the case today.

“Article 62 (1)(f) is a draconian law and we will hear this case with caution and in detail,” the CJP said.

PTI’s Faisal Vawda filed a petition in the top court in February under Article 185(3) of the Constitution for leave to appeal against the order of the Election Commission of Pakistan (ECP) dated February 9 and the February 16 Islamabad High Court judgment.

Vawda had contended that the ECP order and the IHC judgment are arbitrary and without lawful authority and of no legal effect, adding that it is also contrary to the judgements of the apex court.

He prayed to the court to set aside the order of the ECP and the IHC.

In the appeal, the PTI leader pleaded that the ECP had cited no reason for invoking Article 62(1)(f) to disqualify him for life. The electoral body, it added, appears to be under an impression that any person disqualified under Article 63(1)(c) — for having dual nationality — could automatically be penalised under Article 62(1)(f).

When the SC bench took up the case today, Vawda’s counsel Waseem Sajjad said that his client contested polls in 2018 and after two years a petition was filed in the high court seeking his disqualification.

At this, the CJP said that the ECP has the authority to investigate a false affidavit submission, adding that even if the Supreme Court revokes the order, the facts would remain the same.

“The Election Commission has properly examined the facts in Faisal Vawda’s case, the only question here is whether the ECP can order disqualification for life or not.”

Later, the hearing was adjourned till October 6.

It is important to note that the apex court in April 2018 declared that the disqualification under 62(1)(f) would be for life.

Former prime minister Nawaz Sharif and Jahangir Tarin both are disqualified for life under the said article.

What is Article 62 (1) (f)?

Article 62(1)(f) of the Constitution pertains to the qualification of members of Parliament and pertains to the terms ‘Sadiq’ and ‘Ameen’. However, it does not set a time limit for the duration of disqualification.

The article is stated below:

“A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless-

he is a citizen of Pakistan;

he is, in the case of the National Assembly, not less than twenty -five years of age and is enroled as a voter in any electoral roll in-

any part of Pakistan, for election to a general seat or a seat reserved for non-Muslims; and

any area in a Province from which she seeks membership for election to a seat reserved for women.

he is, in the case of Senate, not less than thirty years of age and is enrolled as a voter in any area in a Province or, as the case may be, the Federal Capital or the Federally Administered Tribal Areas, from where he seeks membership;

he is of good character and is not commonly known as one who violates Islamic Injunctions;

he has adequate knowledge of Islamic teachings and practises obligatory duties prescribed by Islam as well as abstains from major sins ;

he is sagacious, righteous and non-profligate, honest and ameen, there being no declaration to the contrary by a court of law;

he has not, after the establishment of Pakistan, worked against the integrity of the country or opposed the ideology of Pakistan.

The disqualifications specified in paragraphs (d) and (e) shall not apply to a person who is a non-Muslim, but such a person shall have good moral reputation.”

Latest News

The SHC mandates that relatives of missing persons receive compensation.

Published

2 mins ago

Farwa

Judge Arshad Hussain and Justice Zulfiqar Ali Sangi, who make up the high court bench, heard the matter.

The officials are unaware of the court decisions regarding the investigation, search, and payment of compensation to the relatives of missing persons, according to Justice Arshad Hussain.

About the government’s and police department’s handling of the case of the 11 missing persons, the court voiced disappointment.

The court had mandated that the families of the missing persons receive compensation, according to Justice Zulfiqar Ali Sangi. For the past three months, Justice Sangi questioned, “The police officers and secretaries were in sleep.”

“The court was informed by a police official that a missing person had been located and was relocated for the following hearing. Doesn’t the court seem to be making fun of itself? Justice Zulfiqar Sangi remarked.

“We don’t know when and how it will happen,” Justice Arshad Hussain stated in response to letters sent to numerous institutions that have received no response.

The federal and provincial government lawyers were also a source of ire for the court. “They come with the case, but they have no knowledge,” Bench said.

Attorney for the government informed the court that those who have been confirmed as missing will be reimbursed by the province. The home department’s focal point told the court, “A summary has been forwarded to the chief minister of Sindh for compensation.”

Latest News

Bill Gates is informed by Pakistan’s PM that the nation is making every effort to eradicate polio.

Published

5 mins ago

Farwa

The prime minister emphasised at the meeting held on the fringes of the World Economic Forum (WEF) Special Meeting that Pakistan was making every effort to eradicate polio from the nation, according to a news release from the PM Office.

Prior to this, both leaders had participated in a high-level panel discussion on “Redefining the Global Health Agenda” at the WEF.

Upon his reelection, the prime minister expressed gratitude to Bill Gates for his heartfelt message of congratulations. In order to ensure the success of the immunisation programme, Bill Gates emphasised the need to replicate the same process nationwide. He cited the immunisation and polio vaccine programme in Punjab province, which was managed by Shehbaz Sharif in his capacity as chief minister.

A deeper connection between Pakistan and the Gates Foundation is what the prime minister pledged to ensure while reminiscing fondly about his former tenure’s encounters with Bill Gates.

He expressed his gratitude to the BMGF for its ongoing assistance in Pakistan’s polio eradication effort. Bill Gates commended Pakistan’s efforts and stated that the elimination of polio was essential to shielding future generations from this debilitating illness.

Along with polio, Bill Gates and Prime Minister Shehbaz also spoke about the advancements being made in Pakistan and the Foundation’s ongoing work in the fields of nutrition, financial inclusion, and vaccination.

In addition to seeking cooperation in IT, STEM education, and disaster management, the prime minister declared that the Gates Foundation was a reliable partner in Pakistan’s socioeconomic development.

Recalling Bill Gates’ February 2022 visit to Pakistan, the prime minister invited him back at a time of his choosing.

Business

Pakistan is considering the introduction of digital currency.

Published

10 mins ago

Farwa

During the special meeting of the World Economic Forum (WEF) in Riyadh, Pakistan’s Finance Minister Aurangzeb discussed the country’s consideration of adopting digital money.

“Even though we bring in Rs9.4 trillion a year, half of our economy is undocumented,” he said.

Aurangzeb added that a deal to enable the full digitalization of the economy was struck with McKinsey on Friday.

The finance minister declared, “They are coming in and helping us with the end-to-end digitalization of our economy.”

The urgent necessity to put in place a framework for a green tax economy was stressed by FinMin Aurangzeb.

He said that even global organisations like the World Bank (WB) are investigating novel financing arrangements.

The minister emphasised the need to address the nation’s financial needs through a combination of domestic and foreign funding sources.

Governor Jameel Ahmad of the State Bank of Pakistan (SBP) originally disclosed plans to introduce the Central Bank Digital Currency (CBDC), Pakistan’s first digital currency, back in July 2023.

While briefing the Senate’s Standing Committee on Finance and Revenue, he said these things. Under the direction of Senator Saleem Mandviwalla, the meeting was conducted at Parliament House.

The committee was informed that the SBP is attempting to gain insight from the experience of other central banks that are attempting to introduce digital currency on a trial basis.