ISLAMABAD: There was a glimmer of hope for PTI leader Faisal Vawda on Tuesday as Chief Justice of Pakistan (CJP) Umar Atta Bandyal struck down Article 62 (1)(f), which disqualifies lawmakers for life. relates to, a “hard law”.
A three-member bench of the Supreme Court, headed by Chief Justice Umar Atta Bandyal, heard the appeal against PTI leader Faisal Vawda’s disqualification for life.
Today’s Hearing
During the hearing, Chief Justice Umar Atta Bandial said that Article 62(1)(f) is a strict law. We will hear the case carefully and in detail.”
Wawda’s counsel Waseem Sajjad told the court that his client contested the general elections in 2018 and after two years of victory, a disqualification petition was filed in the High Court for submitting a false affidavit at the time of the elections.
The Chief Justice replied that the ECP has the authority to investigate false affidavits, adding that even if the Supreme Court overturns the ECP’s decision, the facts will remain the same.
The Chief Justice remarked that ‘ECP has properly examined the facts but the question is whether the Election Commission has the power to disqualify a lawmaker for life or not’.
Meanwhile, the Supreme Court adjourned the hearing of the case till October 6.
Problem
The ECP had on February 9 disqualified Vawda under Article 62 (1) (f) of the Constitution in a dual citizenship case.
In a 27-page judgment, the Chief Election Commissioner (CEC) said that Faisal Vawda submitted a false affidavit while filing nomination papers for the 2018 elections. After the verdict, the ECP also de-notified him as a senator.
On February 18, the PTI leader challenged his lifetime disqualification in the Supreme Court. VAWDA filed an application in the Supreme Court under Article 185 (3) of the Constitution for leave to appeal against the February 9 order of the Election Commission of Pakistan and the February 16, 2022 decision of the Islamabad High Court.
Filed by Barrister Waseem Sajjad, Wawda argued that the ECP’s February 9 order and the Islamabad High Court’s February 16, 2022 judgment are arbitrary and without statutory authority and have no legal effect, they said. He added that it is also against the decisions of the Supreme Court. Court of Pakistan. He requested the Supreme Court to annul the order of Election Commission of Pakistan (ECP) and Islamabad High Court (IHC).
The petitioner has questioned whether the Election Commission of Pakistan is a court for the purposes of Article 62 (1) (f) of the Constitution and whether it has jurisdiction under Article 218 (3) and Section 8 of the Constitution. c) In view of the decisions of the Supreme Court reported as 2022 SCMR 42 and 2021 SCMR 1675 (Muhammad Salman’s case) dealing with and deciding the issue of alleged pre-election qualification or disqualification of a returning candidate under the Election Act 2017 of the.
