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Imposing lifetime ban through Article 62(1)(f) is oppressive law: CJ

Imposing lifetime ban through Article 62(1)(f) is oppressive law: CJ

Imposing lifetime ban through Article 62(1)(f) is oppressive law: CJ

Emposing life time ban through Article 62(1)(f) is oppressive law: CJ

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ISLAMABAD: Chief Justice Umer Ata Bandial called Article 62(1)(f) of the Constitution, which prohibits politicians from holding public office for life, a “draconian” rule on Tuesday.

The chief judge made these comments while hearing a petition filed by PTI leader Faisal Vawda challenging his lifelong ban in a case involving the submission of a fraudulent affidavit concerning his US citizenship.
The case was heard today by a three-judge bench of the Supreme Court, led by Chief Justice Umer Ata Bandial.

In February, PTI’s Faisal Vawda petitioned the Supreme Court under Article 185(3) of the Constitution for leave to appeal against the Election Commission of Pakistan (ECP) order dated February 9 and the Islamabad High Court judgment dated February 16.

Vawda has argued that the ECP order and the IHC verdict are arbitrary, without legitimate power, and have no legal impact, as well as being opposed to the Supreme Court’s rulings.

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He petitioned the court to vacate the ECP and IHC orders.

The PTI leader argued in his appeal that the ECP had given no grounds for invoking Article 62(1)(f) to disqualify him for life. The electoral commission appears to believe that anyone who is disqualified under Article 63(1)(c) – for having dual nationality — will immediately be fined under Article 62(1). (f).

When the Supreme Court took up the matter today, Vawda’s lawyer, Waseem Sajjad, stated that his client ran for office in 2018 and that two years later, a petition was filed in the high court seeking his disqualification.

The CJP responded by saying that the ECP can investigate a fake affidavit submission and that even if the Supreme Court reverses the order, the facts will stay the same.

“The Election Commission has thoroughly investigated the facts in Faisal Vawda’s case; the only question now is whether the ECP can order life disqualification or not.”

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The hearing was later postponed until October 6.

It is worth noting that the Supreme Court declared in April 2018 that the disqualification under 62(1)(f) would be for life.

 

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