The Chief Justice of Pakistan (CJP) Umar Ata Bandial termed Article 62 (1)(f), which is related to the lifetime disqualification of lawmakers, a “draconian law”.
According to the details, the CJP made the remarks while hearing PTI leader Faisal Vawda’s appeal against his disqualification for life to hold public office.
To clarify, the Election Commission of Pakistan (ECP) disqualified PTI senator Faisal Vawda as a lawmaker under Article-62 (1) (f) of the Constitution in a dual citizenship case. The decision came in response to Faisal Vawda’s alleged concealment of his dual nationality at the time of contesting the National Assembly election on a Karachi seat in the 2018 general elections.
During the hearing today, CJP Umar Ata Bandial said, “Article 62 (1)(f) is a draconian law. We will hear the case carefully and in detail.”
Moreover, Faisal Vawda’s counsel argued that the PTI leader contested the election in 2018 and a plea seeking his disqualification was filed after two years. To this, CJP remarked that the ECP has the authority to investigate false affidavits, adding that even if the top court nullifies the ECP judgment, the facts will remain the same.
Important to note that Umar Ata Bandial was part of the bench when the Supreme Court ruled that disqualification handed down under Article 62 (1)(f) of the Constitution is for life in 2018. Former prime minister Nawaz Sharif and Jahangir Tareen both are disqualified for life under the said article.
— Azhar Mashwani (@MashwaniAzhar) October 4, 2022
In 2017, PML-N supreme leader Nawaz Sharif was disqualified as he had been dishonest to the parliament and the courts in not disclosing his employment in the Dubai-based Capital FZE company in his 2013 nomination papers.
On the other hand, former PTI leader Jahangir Tareen was disqualified for being dishonest by not declaring his property/asset i.e. ‘Hyde House’ in his nomination papers, and in making an untrue statement before the Supreme Court, that he has no beneficial interest in SVL [offshore company].