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

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  • 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

4 dead, 12 injured as sucide blast rips through Hangu mosque

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  • Incident takes place within parameters of Police Station Doaba. 
  • Two suicide bombers were involved in attack, says Hangu DPO.
  • 12 people, rescued from rubble, shifted to nearby hospital. 

HANGU: A blast ripped through a mosque in Khyber Pakhtunkhwa’s Hangu, local officials confirmed Friday, leaving three dead — including a policeman — and 12 injured.

The incident took place within the parametres of Police Station Doaba during the Friday sermon — a time when scores of believers are gathered at a mosque for their weekly prayer. 

Hangu District Police Officer Nisar Ahmed said 30-40 people were under the rubble — as the mosque’s roof caved in — and an operation was underway to rescue them.

Ahmed said two suicide bombers were involved in the attack — one targeted the gate of the police station, and the other blew himself up inside the mosque.

The 12 people, rescued from the rubble, have been shifted to a nearby hospital, he said.

Caretaker Khyber Pakhtunkhwa Chief Minister Azam Khan, taking notice, directed officials to enforce an emergency in all hospitals of the city as he sought a report on the blast from law enforcers.

The police officials said that two militants tried entering the police station and started firing at the gate. They added that one of the terrorists was killed at the gate by the police in retaliatory fire.

Moreover, two policemen were also injured during the firing, officials of the law enforcement agency said, adding that the other militant blew himself up inside the mosque.

The timely action by the police resulted in fewer casualties following the blast, they added. 

This was the second terror attack to hit Pakistan in a single day as earlier today, a suicide blast in Balochistan’s Mastung district killed at least 35 people including a police officer while injuring over 45.

The explosion took place near the mosque where people were gathering to mark Eid Miladun Nabi — the birth anniversary of Prophet Muhammad (PBUH).

For the past year now, Pakistan has been gripped by a spate of terror attacks, with Balochistan and Khyber Pakhtunkhwa particularly being under the radar of militants targeting security forces and civilians to deteriorate peace.

Security forces, however, continue to conduct operations against terrorists to eliminate terrorism from the country in its resolve to strengthen the sacrifices of its soldiers.

Earlier this month, a report compiled by the Pakistan Institute for Conflict and Security Studies (PICSS) stated a sharp increase recorded in militant attacks across the country in the month of August with 99 terror incidents reported.

This, according to the report, was the highest number recorded in any single month since November 2014. These attacks have resulted in 112 deaths and 87 injuries, mostly targeting security forces personnel and civilians.

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Pakistan

One-month deadline for illegal foreign nationals to be announced soon

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  • Major countrywide crackdown to be launched by LEAs.
  • Around 1.1 million Afghan refugees illegally reside in Pakistan.
  • Surge in street crime in capital linked with illegal Afghans.

ISLAMABAD: The government will soon announce a one-month deadline for all illegal foreign immigrants, including Afghans, to leave the country or face the music.

After the one-month deadline, a major countrywide crackdown will be launched by the law-enforcement agencies to identify and deport such illegal immigrants, the vast majority of whom are said to be Afghans.

Interior Minister Sarfraz Bugti will announce the policy in a few days time, an informed source said. 

The decision at the highest level has already been taken not to let Pakistan become a haven for illegal immigrants, many of whom are not only involved in criminal activities but are also part of the smuggling mafia, the source added.

It is said the authorities have already arrested many illegal Afghan immigrants who were doing illegal dollar trade at the cost of the country’s economy. A large number of such illegal foreign nationals are also doing different businesses in several major cities including the federal capital. The surge in street crime in Islamabad is also linked with the influx of illegal Afghans.

There are said to be around 1.1 million Afghan refugees residing in Pakistan illegally. 

It is said as many as 400,000 Afghans entered Pakistan illegally since the return of the Afghan Taliban to Afghanistan in August 2021. There are another 700,000 Afghans identified who have been living in the country illegally.

Media reports suggest that 1.1 million Afghan refugees neither possess any visa nor any valid documents, allowing them to stay in the country. Most of these illegal refugees were involved in anti-state and criminal activities.

Therefore, they would be sent back at the earliest, said a report, adding the Afghan Taliban government was also informed about Pakistan’s decision.

Islamabad has hosted millions of refugees for decades, and at one point five million Afghan refugees were residing in Pakistan. 

Some estimates suggest there are still close to four million Afghan refugees living in Pakistan. However, the count of individuals possessing valid refugee cards, as per official records, is considerably lower.

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Pakistan

HEC announces Commonwealth Scholarships for masters, PhD

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In a positive development for students, the Higher Education Commission (HEC) has announced Commonwealth Scholarships for masters and PhD programmes for the year 2023. 

The Commonwealth Scholarship Commission in the UK (CSC) provides the UK government’s Commonwealth scholarship scheme led by international development objectives. 

The CSC has funded over 30,000 individuals to study in the UK and gain skills, acquire knowledge, and build networks to tackle global development challenges

Pakistan and Azad Jammu and Kashmir (AJK) students can apply for the scholarships till October 17 (Tuesday) on the CSC portal.

The HEC’s website said that 26 nominations are available for masters, 30 for PhD and 10 for teaching faculty PhD.

Applicants are advised to visit the links to apply for the masters, PhD and teaching faculty (PhD) scholarships. 

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