Is Article 62 (1) (f) draconian law in Pakistan?
Article 62 (1) (f), which requires a Member of Parliament to be “sadiq and ameen” (fair and just), is the same provision under which former Prime Minister Nawaz Sharif was disqualified from a college of five judges on July 28, 2017, in the Panama Papers case. Likewise, Pakistani leader of Tehreek-i-Insaf (PTI) Jahangir Tareen was disqualified on December 15 last year by a separate court of the highest court under the same provision.
Following the verdict, both Sharif and Tareen were found unfit to hold public office until the respective court statements against them are valid. Chief Justice Umer Ata Bandial on Tuesday called Article 62(1)(f) of the constitution, which imposes a lifetime ban on politicians, a “draconian” law.
The Chief Justice made the remarks during a hearing of a petition by PTI leader Faisal Vawda against his lifetime disqualification in a case involving the filing of a false affidavit of his US citizenship. A bench of three from Apex Court led by CJ Umer Ata Bandial heard the case today. “Section 62(1)(f) is a draconian law and we will hear this matter cautiously and in detail,” the CJP said.
In February, PTI’s Faisal Vawda filed a petition with the Supreme Court under Article 185(3) of the Constitution for leave to appeal the February 9 ECP order and the decision of the Islamabad High Court from 16 February. Vawda had claimed that the ECP’s order and the IHC’s decision were arbitrary, without legal basis and without legal effect, adding that they also contradicted the decisions of the Supreme Court. He asked the court to set aside the orders of the ECP and the IHC.
Is Article 62 (1) (f) draconian law in Pakistan?
In the appeal, the PTI leader argued that the ECP had given no reason to invoke Article 62(1)(f) to disqualify him for life. The electoral body, he added, seemed to be under the impression that anyone disqualified under section 63(1)(c) for dual nationality could be automatically sanctioned under section 62(1) (f).
