SC to give verdict in Article 62 disqualification duration case today | Pakistan

Photo: Reuters / File

ISLAMABAD: Legislators disqualified under Article 62 (1) (f) of the Constitution will be aware of the length of time their disqualification, as the Supreme Court will today announce its verdict in this case.

It is expected that the verdict will be announced at 11 am.

On February 14, a larger five-person bench, led by Pakistan Justice Justice Chairman Sakib Nisar, reserved a verdict on several petitions requiring the determination of the time period, the legislator would remain disqualified after he was suspended in violation of Article 62 (1) (f) and other election laws.

During the hearing, the court noted that the disqualification will continue until the declaration [signed by electoral candidates declaring them honest] is announced, adding that the 18th amendment adopted in 2010 did not determine the time period for disqualification.

At an earlier hearing on February 8, the Chief Justice also recognized the ambiguity of Article 62 (1) (f) of the Constitution.

"Sadik and Amin"

Article 62 (1) (f) states: "A person can not be elected to be elected or elected as a member of the Mejlis-e-Shura (Par) , if only … he is astute, righteous and not wasteful, honest and amine, otherwise the court will not say otherwise. "

The decision will have implications for disqualified legislators, especially in Pakistan Tehreek-e-Insaf leader Jahangir Tarin and former Prime Minister Nawaz Sharif.

On December 15 last year, the Supreme Court disqualified Tareen for not declaring an offshore company and foreign ownership in his election (19459010)

Similarly, the then-Prime Minister Nawaz on July 28, 2017, by the Supreme Court was disqualified for what he concealed in his documents on the nomination of a candidate for income from the company of his son in the UAE.

"The disqualification must continue until the next election"

The case with the duration of the disqualification: article 62 (1) (f) ambiguous, watches SC

February 6, Nawaz told the court that he will not participate in the proceedings after the bench issued him a notice.

The former prime minister said that in his understanding "participation in the electoral process is a fundamental right, and therefore one can not be indefinitely disqualified by interpreting article 62 of the Constitution of the Islamic Republic of Pakistan."

He further said that "the term can be granted by the parliament, but since this was not done, the question of qualification under article 62 is limited only to elections."

"Being a strong supporter of democracy, I believe that it is the right of the people of Pakistan to participate in the election process and to reject or elect candidates of their choice. They enjoy the inalienable right to elect their representatives on the basis of a genuinely democratic process and do not receive a list of elective people in the process of liquidation. "


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