Disqualified parliamentarians need to prove probity, rules SC

ISLAMABAD: Chief Justice of Pakistan (CJP) Mian Saqib Nisar on Thursday noted that the disqualified parliamentarians need to prove their probity through their conduct once declared dishonest under Article 62(1)(f) of the constitution

A five-judge larger bench, headed by Chief Justice of Pakistan Mian Saqib Nisar, heard the petititions seeking determination of the time period of the parliamentarians’ disqualification.

During the court proceedings today, the disqualification of PML-N senator Nehal Hashmi on early Thursday morning was also discussed as one of the petitioners’ counsel said he could not present his arguments after the court’s ruling in contempt case against Hashmi.

Senior lawyer Kamran Murtaza said the court’s ruling had disappointed him.

To which, the CJP remarked the ruling was given according to the law.

The lawyer then contended that any disqualified person could contest by-elections as the Article 62(1)(f) bars a parliamentarian from contesting election for a single term.

At this, Chief Justice Saqib Nisar said the bench has to determine the time duration of disqualification applicable to a concerned person under Article 62(1)(f) of the constitution.

Justice Nisar then inquired whether all political parties retained Article 62(1)(f) during the Eighteenth Amendment of the Constitution in 2010.

A petitioner’s counsel apprised the bench that the political parties did not amend the article under stress of religious elements.

The CJP then remarked all disqualified lawmakers need to prove their honesty through their conduct.

The hearing was then adjourned until February 7 (Wednesday).

The petitions have been filed by deposed members of parliament after being declared not fully “trustworthy” and “honest” (Sadiq and Ameen) under Article 62(1)(f) of the constitution.

At the last hearing on Wednesday, the apex court had approved the plea filed by former Prime Minister Nawaz Sharif’s counsel and granted him week-long time to prepare for the case.  

Sharif’s counsel Azam Tarar appeared before the court on behalf of his client and submitted a plea to seek time to prepare the case.

The bench accepted the plea and directed him to appear in the case by next week.

The petitions revolve around the question as whether the disqualification of elected representatives should be for lifetime or a specific period under Article 62(1)(f) of the constitution.

Matter of immense significance

The matter has attained immense significance against the backdrop of the disqualifications of the thrice-elected premier and the central PTI leader because its outcome will decide their political fate.

It will also put the controversy surrounding the period for disqualification of a member of parliament to rest once and for all.

Nawaz Sharif and Jahangir Tareen were disqualified under the Article 62(1)(f) for lifetime for being dishonest.

On July 28, last year, the apex court disqualified Sharif from office on the grounds he did not disclose a salary from his son’s Dubai-based company – the money Sharif says he never received.

On December 15, headed by Chief Justice of Pakistan Mian Saqib Nisar, a three-judge bench disqualified PTI leader Tareen under Article 62 (1)(f) of the Constitution for deliberately submitting a false statement in the Supreme Court to conceal his property in the United Kingdom.