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Disqualified parliamentarians need to prove probity, rules SC

ISLAMABAD, FEB 01 (DNA) – Chief Justice of Pakistan (CJP) Mian Saqib Nisar on Thursday noted that the disqualified parliamentarians need to prove their probity through their conduct once declared dishonest under Article 62(1)(f) of the constitution

A five-judge larger bench, headed by Chief Justice of Pakistan Mian Saqib Nisar, heard the petititions seeking determination of the time period of the parliamentarians’ disqualification.

During the court proceedings today, the disqualification of PML-N senator Nehal Hashmi on early Thursday morning was also discussed as one of the petitioners’ counsel said he could not present his arguments after the court’s ruling in contempt case against Hashmi.

Senior lawyer Kamran Murtaza said the court’s ruling has disappointed him.

To which, the CJP remarked the ruling has been given according to the law.

The lawyer then contended that any disqualified person could contest by-elections as the law bars a parliamentarian from contesting elections for a single term.

At this, Chief Justice Saqib Nisar said the bench has to determine the time duration of disqualification applicable to a concerned person under Article 62(1)(f) of the constitution.

Justice Nisar then inquired whether all political parties retained Article 62(1)(f) during the Eighteenth Amendment of the Constitution in 2010.

A petitioner’s counsel apprised the bench that the political parties did not amend the article under duress of religious elements.

The CJP then remarked all disqualified lawmakers need to prove their honesty through their conduct.

The hearing was then adjourned until February 7 (Wednesday).

The petitions have been filed by deposed members of parliament after being declared not fully “trustworthy” and “honest” (Sadiq and Ameen) under Article 62(1)(f) of the constitution.

At last hearing on Wednesday, the apex court had approved the plea filed by former Prime Minister Nawaz Sharif’s counsel and granted him week-long time to prepare for the case.  

At the outset of hearing, Sharif’s counsel Azam Tarar appeared before the court on behalf of his client and submitted a plea to seek time to prepare the case.

The bench accepted the plea and directed him to appear in the case by next week.

The petitions revolve around the question as whether the disqualification of elected representatives should be for lifetime or a specific period under Article 62(1)(f) of the constitution.






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