ECP not empowered to disqualify under Article 62 (1) F: CJP

Author: APP

Chief Justice of Pakistan (CJP) Umar Ata Bandial on Thursday said that Election Commission of Pakistan (ECP) was not empowered to disqualify a public representative under Article 62(1)F.

A three-member SC bench comprising Chief Justice Umar Ata Bandial, Justice Syed Mansoor Ali Shah and Justice Ayesha A Malik heard the case filed by Pakistan Tehreek-e-Insaf (PTI) Leader Faisal Vawda challenging his lifelong disqualification by the ECP and the subsequent ruling by the Islamabad High Court (IHC).

During the course of proceedings, the chief justice said that the ECP decided the matter after considering over the facts, which was upheld by the high court. He asked the counsel for Faisal Vawda whether the declaration of the high court under Section 62(1)F could be upheld by the Supreme Court or not. He asked why shouldn’t the Supreme Court use the power of Article 187 to meet the requirements of complete justice in the light of facts? Justice Mansoor Ali Shah asked when the case had been filed before the Supreme Court and why should the Supreme Court not use Article 187?

On which Faisal Vawda’s lawyer Waseem Sajjad said that the Supreme Court had the power to hang anyone.

Addressing the counsel, the chief justice said that he should think about the points of the case. In Faisal Vawda disqualification case, not only senior but also two ex-chairman senate were lawyers, he added.

Subsequently, hearing of the case was adjourned till November 9.

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