“A Draconian law; CJP Bandial calls lifetime disqualification under Article 62

ISLAMABAD (Court Rporter) – Chief Justice Umer Ata Bandial on Tuesday termed Article 62(1)(f) of the Constitution that imposes a lifetime ban on politicians “draconian” law.

According to details, a three member bench of the apex court, headed by Chief Justice, conducted hearing on plea filed by Pakistan Tehreek-e-Insaf (PTI) leader Faisal Vawda against his lifetime disqualification.

During the hearing, CJP remarked that Article 62 (1)(f) is a draconian law and we will hear this case with caution and in detail.

Vawda’s counsel said that his client contested polls in 2018 and after two years a petition was filed in the high court seeking his disqualification.

At this, the CJP said that the ECP has the authority to investigate a false affidavit submission, adding that even if the Supreme Court revokes the order, the facts would remain the same.

“The Election Commission has properly examined the facts in Faisal Vawda’s case, the only question here is whether the ECP can order disqualification for life or not.”

Speaking on the occasion, Vawda’s lawyer Wasim Sajjad said that his client had won his seat in the general elections of 2018. “Two years later, a petition was filed in a high court, seeking his disqualification for misstating the facts,” he said.

THE CJP said that the Election Commission of Pakistan (ECP) had the power to investigate if it came to its notice that a legislator had not reported the facts correctly. “And even if the SC declares the ECP’s order null and void, the point is that facts of the case will remain there,” Justice Bandial said, adding that in Vawda’s case, the ECP gave the ruling after proper scrutiny.

Farooq H. Naek said that the Islamabad High Court (IHC), in its verdict, had clearly stated that the PTI leader had admitted that he was a dual nationality holder.

The  CJP said now the only question was to ascertain whether the ECP could have ordered lifelong ineligibility of Vawda in the case.

The court then adjourned hearing of the case until Thursday (October 6,