The 72-page reference filed said that the Prime Minister did not furnish complete details of his assets and concealed them as revealed in the Panama Papers. Therefore, the premier was no longer ‘Sadiq’ and ‘Ameen’ (honest and righteous) as stated in Article 62 of the Constitution of Pakistan.
PTI member Yasmin Rashid who filed the reference said that there was sufficient and concrete evidence to seek the Prime Minister’s disqualification. She was speaking to the media along with several other prominent members of the PTI.
She appealed to the ECP to provide justice over the issue, and urged the Chief Justice and the Chief Election Commissioner to expedite the disposal of cases as it has been more than three year of the government’s tenure. Yasmeen Rashid had contested the 2013 general elections against Nawaz Sharif from Lahore National Assembly constituency NA-120.
PTI spokesman Naeeem-ul-Haq said that they have disappointed by the ongoing ToRs committee which has failed completely. and therefore it was time to knock at the courts for justice. He expressed hope that members of the ECP will be nominated by the end of Ramazan.
The ECP has asked the PTI to wait till its members are completed as several cases are already pending with them. The reference will not be taken up for hearing until the process for nomination of members is not completed.
However, Punjab Law minister and PML-N leader Rana Sanaullah said filing the reference was their legal and constitutional right. He said that the PTI should also accept the decisions of the courts as well, and should not cry foul and claim rigging if the decision is not in their favour. He said that the politics of incitement will harm the country. He said that government will act according to the law irrespective of the decision of the court.
WHAT DOES THE CONSTITUTION SAY?
Article 62.1.d of the constitution states that a person can qualify for the membership of the Parliament only if he/she is of good character and is not commonly known as one who violates Islamic Injunctions whereas Article 62.1.e states that the parliamentarian should be sagacious, righteous and non-profligate, honest and ameen, there being no declaration to the contrary by a court of law.
Article 62.1.g states that a citizen can only qualify as a Parliamentarian if he has not worked against the integrity of the country or opposed the ideology of Pakistan.
Article 63.1.g states that the any member who has been convicted by a court of competent jurisdiction for propagating any opinion, or acting in any manner, prejudicial to the ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or morality, or the maintenance of public order, or the integrity or independence of the judiciary of Pakistan, or which defames or brings into ridicule the judiciary or the Armed Forces of Pakistan, unless a period of five years has elapsed since his release will result in his disqualification.
Article 63.1.h mentions that the disqualification of the parliamentarian will also take place if he/she has been, on conviction for any offence involving moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release.