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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.”

Education

Students from Balochistani start their academic adventure in China.

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China is the destination of ten Gwadar Institute of Technology (GIT) students who are going there for school. They will be pursuing Associate Engineering Diplomas at Hebei Jiaotong Vocational and Technical College after being chosen for the Sino-Pak Dual Diploma Program.

These students had the privilege of seeing the Chinese Consul General in Karachi prior to their departure, where they were greeted with warmth and given support for their future ambitions.

These ten people, who are from Pasni, Turbat, Kech, Panjgur, Gwadar, and Surab, among other places, exemplify the talent and diversity of Balochistan.

The Government of Balochistan and the well-known Chinese corporation Tang are supporting this opportunity, which gives these youngsters a grant to help with their study overseas.

The children would want to express their sincere gratitude to the Pakistan Army and the Government of Balochistan for making this opportunity possible.

They are excited to take advantage of this opportunity to continue their studies and support Balochstan’s growth, especially through initiatives like the China-Pakistan Economic Corridor (CPEC).

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Latest News

Amid controversy surrounding judges’ letters, PM Sharif will meet with CJP Isa today.

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Today’s key meeting between Pakistan’s Chief Justice, Qazi Faez Isa, and Prime Minister Shehbaz Sharif is planned in the midst of ongoing discussions regarding a letter sent by six justices of the Islamabad High Court regarding outside meddling in court cases.

Azam Nazir Tarar, the minister of law, and Mansoor Usman Awan, the attorney general for Pakistan, are expected to accompany Prime Minister Sharif to the CJP meeting.

The meeting follows a full court session that CJP Isa called on Wednesday, with the express purpose of addressing issues brought up in a letter signed by six judges of the Islamabad High Court.

All of the participating judges carefully examined the letter’s contents during the session, analyzing both its constitutional and legal consequences. Discussions about the letter’s publication’s legal and constitutional ramifications were also included in the session.

All of the judges actively participated in the lengthy two hours and twelve minute discussion, offering their thoughts on the subject at hand.

According to sources, the top judge of Pakistan is expected to chair another full court meeting today. It is anticipated that this session would examine the letter’s contents in greater detail, with additional evaluation and discussion among the SC judges.

On Wednesday, the bar associations of the High Courts of Islamabad, Lahore, Sindh, and Balochistan urged that the CJP conduct a “transparent inquiry” into the matter and that those responsible for it face legal repercussions.

Its cabinet “strongly condemned the interference of one institution into the matters of another institution,” according to a press release from the IHCBA.

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Business

Changes in the US dollar’s value are directly correlated with variations in gold prices.

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The price of 24-karat gold in Pakistan increased by Rs1500 on Thursday, reaching Rs231,000 per tola. This was another jump in the price of gold in the country.

Dealers reported a comparable surge in the price of 10 grams of 24-karat gold, which is currently trading at Rs198,045 after rising by Rs1285. In addition, the cost of ten grams of 22-karat gold increased significantly, trading at Rs 181,541.

These fluctuations are strongly correlated with shifts in the US dollar’s value, demonstrating the tight connection between gold prices and exchange rates. This emphasizes how local gold markets are impacted by variables related to the global economy.

At Rs2,580, the price of 24-karat silver remains steady right now. The price of gold increased significantly on a global scale as well, rising by $14 to $2,214 per ounce.

It’s critical to understand that changes in the worldwide market can have a substantial impact on gold prices in Pakistan throughout the day. The gold rates that are offered are obtained from reliable sources, mostly situated in Karachi and Multan.

It is recommended that individuals seek the advice of nearby gold merchants and jewellers for the most precise and current information regarding gold prices.

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