MPS’ lifetime disqualification a ‘draconian law:’ CJP

ISLAMABAD: Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial on Tuesday remarked that Article 62(1)(f) of the constitution that provided for lifelong disqualification of a public office holder was a “draconian law.”

During the hearing of an appeal filed by Pakistan Tehrik-e-insaf (PTI) leader Faisal Vawda against his lifelong disqualification from holding any public office, the CJP said the Supreme Court of Pakistan would hear the case carefully. “There will be a detailed hearing of the case,” he said.

A three-member bench of the apex court, headed by Bandial, heard the appeal.

Speaking on the occasion, Vawda’s lawyer Wasim Sajjad said that his client had won his seat in the general elections of 2018. “Two years later, a petition was filed in a high court, seeking his disqualification for misstating the facts,” he said.

The CJP said that the Election Commission of Pakistan (ECP) had the power to investigate if it came to its notice that a legislator had not reported the facts correctly.

“And even if the SC declares the ECP’S order null and void, the point is that facts of the case will remain there,” Justice Bandial said, adding that in Vawda’s case, the ECP gave the ruling ater proper scrutiny.

Farooq H. Naek said that the Islamabad High Court (IHC), in its verdict, had clearly stated that the PTI leader had admited that he was a dual nationality holder.

The CJP said now the only question was to ascertain whether the ECP could have ordered lifelong ineligibility of Vawda in the case. The court then adjourned hearing of the case until Thursday.

Meanwhile, PTI leader Fawad Chaudhary has said that the lifetime disqualification law is not justified.

Talking to the media on Tuesday, he said that the new parliament will do legislation about the lifetime disqualification.

“Reforms regarding the judiciary should also be introduced in the Constitution. There is need to do legislation over the maters including formation of the bench and suo motu notice,” he maintained.

He said that Pakistan is the only country where the judiciary appoints and removes a judge.

“Either the parliament should appoint a judge and the judiciary should have the power to remove him or the judges should be appointed by the judiciary and the parliament should have the power to remove it,” he added.

The PTI leader said that the law and the Constitution should not be changed for a person. “There is need for comprehensive constitutional amendments in Pakistan,” he concluded.