Pakistan

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

Published

6 months 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.”

Pakistan

PM directs authorities to ensure smooth gas supply during Ramadan

Published

13 hours ago

Farwa

ISLAMABAD: Prime Minister Shehbaz Sharif has instructed authorities to guarantee an unbroken supply of gas to citizens during the sacred month of Ramadan, particularly during the times of Iftar and Sehri.

The prime minister’s directives come as the Sui Southern Gas Company (SSGC) on Thursday announced its decision to suspend supplies to captive power plants and industries, citing the widening gap between gas supply and demand.

PM Shehbaz chaired a meeting on Thursday where he was given a detailed briefing regarding the issue of low pressure, interruption, and load shedding of gas in Karachi. The issue of gas load shedding in Karachi was resolved at the Prime Minister’s behest as the meeting addressed Karachi’s citizens’ complaints.

PM Shehbaz took strict notice of the gas load shedding issue raised in Parliament a couple of days ago. Speaking at Parliament, PM Shehbaz assured the National Assembly members that his government would address the issue of gas load-shedding, especially during sehr and iftar, as inflation-weary people have been registering complaints.

He called for the adoption of a comprehensive strategy for smooth gas supply to citizens during Ramadan.

Authorities took emergency measures to end gas load shedding. The Prime Minister emphasised the need for a supervised process of gas supply with zero tolerance for negligence.

Owing to the widening gap between gas supply and demand, the Sui Southern Gas Company (SSGC) on Thursday announced its decision to suspend supplies to captive power plants and industries.

The gas utility said that the decision has been taken considering the low supply of gas. It stated that due to a reduction in supply, the volume of gas in pipelines has decreased.

SSGC suspends gas supply

Despite protests by Karachiites, the SSGC suspended the gas supply to captive power plants and industries yesterday and said it would restore the supply from 8am today.

Since last week, scores of residents have protested against the suspension of the gas supply.

The suspension of gas supply has made life difficult for people across the country, who find it difficult to cook, especially during sehr and iftar.

The gas utility said that the decision had been taken considering the low gas supply. It stated that due to a reduction in supply, gas volume in pipelines has decreased.

Pakistan

Hajj 2023: Last date for application submission extended

Published

13 hours ago

Farwa

The Ministry of Religious Affairs and Interfaith Harmony on Friday announced an extension on the last date for Hajj applications till April 7, 2023.

According to a recent notification issued by the ministry, the aspirant pilgrims can now submit the Hajj applications under the sponsorship scheme till April 7 (Friday).

“Now the intending pilgrims may submit their applications by 7th April 2023. It is requested that an extension of the last date for submission of applications under the sponsorship scheme may be communicated to all the missions for publicising the same to overseas Pakistanis,” the statement read.

Earlier, the ministry had ruled out the possibility of an extension of the last date which was March 31 (today) and urged the aspirant pilgrims to submit their Hajj applications and dues in the given time period.

Moreover, the State Bank of Pakistan (SBP) also issued a list of banks where Hajj applicants can submit their applications and dues.

S.No	Name of the bank
1	Habib Bank Limited
2	United Bank Limited
3	National Bank of Pakistan
4	MCB Bank Limited
5	Allied Bank Limited
6	Zarai Taraqiati Bank Limited
7	Bank of Punjab
8	Meezan Bank
9	Bank Al-Falah
10	Habib Metropolitan Bank
11	Soneri Bank Limited
12	Faysal Bank Limited
13	Askari Bank Limited
14	Bank Al Habib Limited

“Hajj applications along with Hajj dues are being deposited by the intending pilgrims in the above-designated banks from 16-03-2023 to 02-04-2023,” the statement said.

It said that the ministry requires that all designated banks may collect applications and dues from the pilgrims on closed holidays ie Saturday and Sunday (April 1 and 2).

The central bank requested the above-mentioned banks to open all the branches on the said dates to facilitate the pilgrims.

Pakistan

124-A: Lahore High Court strikes down sedition law

Published

2 days ago

Farwa

LAHORE: Justice Shahid Karim of the Lahore High Court (LHC) on Thursday annulled Section 124-A, of the Pakistan Penal Code (PPC), dealing with sedition.

The order of the court came on a set of petitions filed by citizens challenging the sedition law on grounds that the government used it against its rivals.

Justice Karim pronounced the judgment today which was reserved on the petitions of Selman Abuzar Niazi and others.

The petitions had challenged the registration of cases under sedition provisions against those who spoke against the government.

It was argued in the petition that the sedition act was enacted in 1860 which is a sign of British colonial rule.

It added that this law was used for slaves under which a case can be registered on anyone’s request.

It was stated in the petition that the Constitution of Pakistan gives every citizen the right to freedom of expression but still, Section 124-A is imposed for making speeches against the rulers.

According to the petitioners, Section 124-A of sedition is being used for political purposes and should be struck down.

What is Section 124-A of PPC?

Sedition: Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Federal or Provincial Government established by law shall be punished with imprisonment for life to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.

Explanation 1: The expression disaffection includes disloyalty and all feelings of enmity.

Explanation 2: Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.

Explanation 3: Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.