Pakistan

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

Published

2 years ago

Farwa

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.”

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Rainfall throughout the night stops flights in Lahore.

Published

21 hours ago

Farwa

Allama Iqbal International Airport experienced many hours of flight disruption due to the intense rainfall and windstorms that occurred overnight in Lahore, the provincial capital of Punjab.

Aviation sources claim that because of the monsoon weather, the flight operation was unable to operate between 3 and 4 am.

It is possible that the planes will arrive at the airport at 4 am.

Amidst delays in foreign airline flights, three aircraft made landings in Multan and Peshawar.

Riyadh flights arrived in Peshawar Airport, while flights scheduled to land in Lahore in Abu Dhabi and Bahrain ended up landing in Multan Airport.

Seven hours later than scheduled, the Qatar Airways flight from Doha arrived in Lahore.

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Changes to Pakistan’s Test team could be significant for the Bangladesh series.

Published

21 hours ago

Farwa

Major changes to Pakistan’s team are anticipated ahead of the forthcoming Test series against Bangladesh, sources in Lahore have revealed.

As the team gets ready for the series, meetings with the players are planned for next week.

It is predicted that the Test squad would undergo several changes. The team’s lineup is expected to be strengthened by the likely inclusion of Muhammad Huraira. Key players like Faheem Ashraf, Wasim Jr., Saim Ayub, and Nauman Ali, whose contributions are vital to the team’s success, struggle to get a spot on the squad.

Furthermore, according to sources, Imamul Haq or Sahibzada Farhan are anticipated to be added to the team, subject to additional assessment. Furthermore, following a fitness assessment, Amir Jamal and Hasan Ali’s futures will be determined.

The ultimate selection for the Test team will take place following Red Ball head coach Jason Gillespie’s return to Pakistan. The ultimate squad that will play Bangladesh in the forthcoming Test series will be greatly influenced by his assessments and thoughts.

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Throughout their visit, the Pakistan cricket team will play three One Day Internationals (ODIs) and five Twenty20 Internationals (T20Is) in an exciting series.

The T20I series, which starts at Hagley Oval in Christchurch on March 16, will serve as the tour’s opening event.

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PM Meets With KP Lawmakers: Promises Progression and Relief Efforts in Province

Published

21 hours ago

Farwa

Khyber Pakhtunkhawa lawmakers are given assurances by Prime Minister Shehbaz Sharif regarding the province’s development, namely in the amalgamated districts, with a particular emphasis on the provision of standard health and educational facilities.

Khyber Pakhtunkhwa National and Provincial Assembly members paid a visit to Prime Minister Muhammad Shehbaz Sharif at PM House.

During the meeting, the Prime Minister stated that the PML-N Government has always given priority to the development of the combined districts.

The prime minister promised that the combined Districts would have standard health and educational facilities, and that Danish Schools would be established nearby to offer local pupils an education of the highest caliber possible.

The PM also underlined the importance of promoting solar energy, combating electricity theft, and helping the middle class and impoverished.

He said that in order to boost the agriculture sector’s growth, expand the amount of land under cultivation, and reduce the nation’s reliance on foreign fuel imports, the government was converting agricultural tubewells to solar energy nationwide.

According to PM Shehbaz Sharif, the government recently provided significant reduction from electricity rates for those with low and moderate incomes.

At the event, he also announced the creation of a committee headed by the deputy prime minister, whose goal will be to identify long-term solutions to the issues facing Khyber Pakhtunkhwa’s elected officials.

He argued that in order to preserve the nation from going into default, the current government had to make difficult political choices in order to revitalize the economy.

The parliamentarians gave Prime Minister Shehbaz Sharif high marks for his visionary leadership in transforming Pakistan’s economy.