NewsJanuary 31, 2018
Contesting elections basic right if disqualification not for life: SC
ISLAMABAD: Hearing a set of 13 identical petitions seeking clarification of parameters of disqualification, the Supreme Court on Tuesday observed that if a parliamentarian was not disqualified for life, then contesting elections was his basic right.A five-member larger bench of the apex court, headed by Chief Justice Mian Saqib Nisar, heard the petitions. The other members of the bench were Justice Azmat Saeed Sheikh, Justice Umar Ata Bandial, Justice Ijazul Ahsan and Justice Sajjad Ali Shah. The court said 62(1) stood firm since parliament had not changed it.
The court appointed senior lawyers, Munir A Malik and Barrister Ali Zafar, as amici curiae for assistance in cases involving interpretation/determination of the question of temporary or permanent bar to contest elections after disqualification under any provision of the Constitution or the election laws.
The court notified for information of the general public that if any person, including a voter or member or leader of any political party who may consider it likely to be affected by the decision of the aforesaid cases in one way or another, may approach the Supreme Court if so advised in his own interest or in the public interest to seek permission to be heard in the matter.
“This publication may be treated as Court Notice to all concerned for all intents and purposes, and if no one appears, the matter will be decided ex parte”, says the notification. During the proceedings, the chief justice had specially requested the court reporters to ensure coverage of the notification.
The chief justice observed that they intended to provide a chance to everyone to plead their case in the matter. On January 26, the Supreme Court issued notices to deposed prime minister Muhammad Nawaz Sharif and PTI former secretary general Jehangir Khan Tareen asking them to either appear in-person or through their counsel on January 30.
Tareen appeared in the court along with his counsel, while Nawaz Sharif did not turn up either in-person or through his counsel.
Nawaz was scheduled to appear before the Accountability Court in Islamabad on Tuesday. The apex court issued him a second notice in the matter relating to determination of time period of disqualification under Article 62(1)(f) of the Constitution.
The chief justice observed that the court believed that Parliament was supreme but at the same time it was bound to obey the Constitution at all costs. “It is the fundamental right of a citizen to contest elections. The matter in hand is about a key issue. The court has issued public notices to all affected people that they may join the court proceedings,” he said.
The chief justice said the court had also issued notices to Nawaz Sharif warning that if nobody appeared then the court would have to proceed ex parte. Arguing on behalf of his client Sami Ullah Baloch, Babar Awan submitted that there were two aspects of disqualification: one is under a law, second under any conviction.
He said in Hudaibya case the court ruling did not agree with the criminal laws. He said a full court should hear this important case adding that there were judgments of larger benches on similar matters.
He said the court must keep in mind the verdict in disqualification of General (R) Pervez Musharraf wherein it was held that Article 6 of the Constitution applied to all. He said all those judges stood disqualified who took oath under the PCO.
He recalled that in Nadeem Ahmed Malik case pertaining to 18th Amendment, 17 judges heard the case, while in Sindh High Court Bar case there were 14 judges and hence the court should constitute a full court to hear this matter.
Babar Awan submitted that the court had to refer to Parliament even if a comma had to be changed in the Constitution. At this, the chief justice said Parliament was beholden to the Constitution as well.
The chief justice told Awan that at a time he was a law officer of the apex court and also a politician affiliated with a political party and asked whether it should be lifetime disqualification or there should be some length of time for this.
“Here I speak as Babar Awan and I fully support lifetime disqualification”, he replied. Babar submitted that there should be lifetime disqualification in cases of child molestation, drugs, terrorism, money laundering and financial corruption.
“Those who looted billions of rupees cannot come again and occupy the seat in Parliament,” Babar Awan submitted. He also referred to various Hadiths and one of them about being ‘Sadiq’ and ‘Ameen’. Iftikhar Husain Gilani and Tariq Mahmood advocate also argued before the court. Meanwhile, the court adjourned the hearing until today (Wednesday). Barrister Wasim Sajjad and other counsel for the petitioners will argue before the court today.
Courtesy www.thenews.com.pk
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