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Article 62(1)(f) imposing lifetime ban is a draconian law: CJP Bandial

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  • Supreme Court hears Faisal Vawda’s lifetime disqualification case.
  • CJ says ECP has authority to probe false affidavits.
  • ECP has properly examined facts in Faisal Vawda case, says SC.

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

The chief justice made these remarks while a hearing a petition filed by PTI leader Faisal Vawda against his lifetime disqualification in a case pertaining to the submission of a false affidavit about his US nationality.

A three-member bench of the apex court headed by CJ Umer Ata Bandial heard the case today.

“Article 62 (1)(f) is a draconian law and we will hear this case with caution and in detail,” the CJP said.

PTI’s Faisal Vawda filed a petition in the top court in February under Article 185(3) of the Constitution for leave to appeal against the order of the Election Commission of Pakistan (ECP) dated February 9 and the February 16 Islamabad High Court judgment.

Vawda had contended that the ECP order and the IHC judgment are arbitrary and without lawful authority and of no legal effect, adding that it is also contrary to the judgements of the apex court.

He prayed to the court to set aside the order of the ECP and the IHC.

In the appeal, the PTI leader pleaded that the ECP had cited no reason for invoking Article 62(1)(f) to disqualify him for life. The electoral body, it added, appears to be under an impression that any person disqualified under Article 63(1)(c) — for having dual nationality — could automatically be penalised under Article 62(1)(f).

When the SC bench took up the case today, Vawda’s counsel Waseem Sajjad 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.”

Later, the hearing was adjourned till October 6.

It is important to note that the apex court in April 2018 declared that the disqualification under 62(1)(f) would be for life.

Former prime minister Nawaz Sharif and Jahangir Tarin both are disqualified for life under the said article.

What is Article 62 (1) (f)?

Article 62(1)(f) of the Constitution pertains to the qualification of members of Parliament and pertains to the terms ‘Sadiq’ and ‘Ameen’. However, it does not set a time limit for the duration of disqualification.

The article is stated below:

“A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless-

he is a citizen of Pakistan;

he is, in the case of the National Assembly, not less than twenty -five years of age and is enroled as a voter in any electoral roll in-

any part of Pakistan, for election to a general seat or a seat reserved for non-Muslims; and

any area in a Province from which she seeks membership for election to a seat reserved for women.

he is, in the case of Senate, not less than thirty years of age and is enrolled as a voter in any area in a Province or, as the case may be, the Federal Capital or the Federally Administered Tribal Areas, from where he seeks membership;

he is of good character and is not commonly known as one who violates Islamic Injunctions;

he has adequate knowledge of Islamic teachings and practises obligatory duties prescribed by Islam as well as abstains from major sins ;

he is sagacious, righteous and non-profligate, honest and ameen, there being no declaration to the contrary by a court of law;

he has not, after the establishment of Pakistan, worked against the integrity of the country or opposed the ideology of Pakistan.

The disqualifications specified in paragraphs (d) and (e) shall not apply to a person who is a non-Muslim, but such a person shall have good moral reputation.”

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The government has dismissed the PTI’s request for a judicial panel probing the violence on May 9.

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The federal government’s negotiation team has completed a comprehensive written reply to the demands put out by PTI.

The statement addresses all points presented by PTI, including the rejection to establish a judicial panel for the events of May 9.

The administration highlighted that judicial commissions are constituted for issues not subject to judicial review, and cases pertaining to May 9 are currently being adjudicated in courts, with certain persons having been condemned by military tribunals.

PTI has consented to engage in negotiations with the Prime Minister’s committee. An in-camera session has been arranged at Parliament House to further deliberate on the topic.

The letter response requests comprehensive lists of missing persons and arrested individuals from PTI, inquiring how measures for their release may be implemented without adequate information. Furthermore, PTI’s assertions concerning fatalities during protests necessitate corroborative data.

The government committee intends to deliver the written response to National Assembly Speaker Ayaz Sadiq in the imminent future. The Speaker will determine whether to convene the fourth round of discussions upon receipt of the response.

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Why the APS assailants were not convicted in military courts is questioned by a SC justice.

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The Supreme Court’s seven-member constitutional bench, presided over by Justice Aminuddin, is currently considering intra-court appeals against civilian trials in military courts. The court asked why the attack on the Army Public School (APS) did not result in a military court trial, even though it involved the Army Act and a criminal conspiracy.

Justice Aminuddin stated, “We acknowledge the presence of military courts, but we need to assess the ‘patch’ that has been applied within the system.” Mohammad Ali Mazhar, Hassan Azhar Rizvi, Musarat Hilali, Naeem Akhtar Afghan, Shahid Bilal Hassan, and Jamal Mandokhail were also on the bench.

The session focused on points made by Khawaja Haris, the Ministry of Defense’s attorney, who underlined that military courts are set up under the Army Act for crimes involving the armed services. He made it clear that the topic of debate is the trial of crimes under the Army Act, not civilian trials.

Concerning the intent behind crimes, Justice Mandokhail questioned if military trials would take the defendant’s motivations into account. Regardless of the individual’s intention, Khawaja Haris retorted that a military court would hear instances pertaining to the Army Act.

The 21st Amendment, which permitted military court proceedings, was passed under particular conditions, including the APS attack, the bench pointed out. Even after the horrific attack on an Army school, Justice Mandokhail said military tribunals were impossible without a constitutional amendment, citing the amendment.

In order to bolster his claims on the connection between crime and the Army Act, Khawaja Haris cited other rulings throughout the session. He emphasized that the type of offense determines the trial venue. The bench was eager to learn more about the process’s constitutional ramifications, though, and questioned why some attacks—such as those against military installations—were not subject to military tribunals under the current system.

Justice Mandokhail questioned why, even if the Army Act was in effect at the time of events like the APS assault, constitutional revisions were necessary for terrorism prosecutions to take place in military courts as the session went on. The court has postponed additional considerations until tomorrow, and the case continues to be a critical analysis of civilian justice versus military courts.

Today’s intra-court appeal against civilian military court trials was still pending, and Defense Ministry attorney Khawaja Haris will resume his arguments on Thursday.

The 21st Constitutional Amendment, the tragedy of the Army Public School attack, and the comments made by former Senate Chairman Raza Rabbani were all discussed at the hearing before the Supreme Court’s seven-member constitutional bench.

The presence of military courts is recognized, but the “patch on velvet” needs to be reviewed, said Justice Jamal Mandokhel.

After voting in support of the 21st Constitutional Amendment, Raza Rabbani shed tears, which are now part of history, according to Justice Hassan Azhar Rizvi.

Khawaja Haris will continue to offer arguments at the intra-court appeal session tomorrow.

In order to counter terrorism, the 21st Amendment was passed after the APS assault. The bench, led by Justice Ameenuddin, cited the particular circumstances of this amendment.

This constitutional amendment allowed terrorists to be tried in military courts. Haris maintained that criminals implicated in events such as the May 9 assaults are subject to military trials.

The 21st Amendment was made for specific conditions, including the APS attack, where military trials became necessary. Haris emphasized that such trials, even without the amendment, could still take place under the military court system.

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‘Green City’ is how LHC sees Multan in order to combat pollution.

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On Friday, officials were ordered by the Lahore High Court to turn Multan into a “green city” in order to lessen the consequences of environmental pollution.

On Tahir Jamal’s petition, LHC Justice Jawad Hassan rendered a thorough decision.

In order to have its own 2020 order put into effect, the petitioner had prayed before the court.

The responsible officials were instructed by the court to create a strong plan for turning Multan into a green city.

All departments were instructed to designate spokespersons by the LHC.

All parties involved in this matter must be consulted, according to the specified instructions.

A long-term strategy is needed to address Multan’s environmental contamination and declining AQI, according to Justice Jawad Hassan.

Every department was ordered by the court to provide a report on a monthly basis.

The written directive stated that Multan’s efforts to address the pollution were insufficient.

The director general of PHA Multan told the court that 14,825 trees were planted in the city in 2024.

According to the director general of PHA, DG Khan, 28,471 trees were planted in 2024.

10,560 trees were planted in private housing societies by the Multan Development Authority, it was further said.

The court ordered that the matter be heard on the first Tuesday of each month.

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