Daily Times

ISLAMABAD: Hearing a case involving interpretation of Article 62(1)(f) of the constitution with specific view to ascertain the period of disqualification of a member of parliament, Chief Justice of Pakistan (CJP) Mian Saqib Nisar on Tuesday made it clear that if any of the lawmakers affected by Article 62 does not appear, the court will issue a one-sided verdict against him.

He was heading a five-member larger bench comprising Justice Sheikh Azmat Saeed, Justice Umar Ata Bandial, Justice Ijazul Ahsan and Justice Sajjad Ali Shah, which started hearing on a set of pleas by several parliamentarians who were disqualified for having fake degrees.

The chief justice, however, explained that the one-sided ruling will also be purely on merit, adding that those who appeared before the court could become a party to the matter.

Earlier on January 26, the court had issued notices to former prime minister Nawaz Sharif and Pakistan Tehreek-e-Insaf (PTI) former secretary general Jahangir Tareen to appear in person or through their counsel during the hearing of the appeals involving the interpretation of Article 62(1)(f) which led to the disqualification of both of them.

During the hearing, Jahangir Tareen was present in the court, however neither Nawaz Sharif nor any of his counsels did turn up. The court then issued another notice to Nawaz Sharif to appear in the matter in-person or through his counsel on the next hearing. The chief justice noted that if Nawaz Sharif did not wish to appear, it was his choice.

During the hearing, the court appointed senior advocate Muneer A Malik and Barrister Ali Zafar as amicus curiae (friend of the court) to take their assistance on the matter.

Dr Babar Awan, counsel for one of the appellants, requested the court to refer to the parliament even if a comma has to be changed in the constitution as the parliament was the supreme legislative body to make or amend any law.

He requested the court to either issue a public notice for the parliamentarians affected by the Article 62 to appear before the court or issue a notice to the attorney general as the verdict of the case will affect the entire nation.

“We want to protect the rights of the people,” the chief justice said, adding that notices were issued to Nawaz Sharif and Jahangir Tareen to avert their complaints in future. The court then issued a public notice inviting all the parliamentarians disqualified under Article 62(1)(f) to become a party in the case.

The notice added that the larger bench is determining the duration of any elected member’s disqualification according to the constitution or relevant election laws.

During the hearing, Justice Bandial inquired whether the article, which sets a condition for a lawmaker to be ‘sadiq and amen’ (truthful and honest), should be applied to the lawmakers representing minorities. The counsel then stated that a parliamentarian from a minority should also possess good character.

The court observed that the constitution does not provide any criteria to determine whether the character of a candidate who contests the election makes him eligible to contest the election to become a lawmaker. It was also pointed out by the court that the constitution also does not specify whether a lawmaker could be disqualified for holding views that oppose the ideology of Pakistan.

Babar Awan requested the court to also consider the verdict in Hudaibiya Paper Mills case, as it negated the law. Arguing on the period of disqualification, the counsel stated that the Pakistan Bar Council does not renew the license of a judge who is sacked on the allegations of misconduct. The court asked the counsel to restrain himself only to the time period of disqualification of a parliamentarian. Referring to a Quranic verse, Babar Awan argued that the disqualification as a result of Article 62(1)(f) should be for lifetime.

The court asked the lawyers present in the court that if anyone agreed with the contention of Awan, he should stand up at his seat, but no one did. To a court query, counsel for Tareen stated that he did not support the disqualification for lifetime.

Published in Daily Times, January 31^st 2018.