The Supreme Court has thrown out former senator Faisal Vawda’s appeal seeking to halt election on his empty Senate seat, reported 24NewsHD TV channel.
The court remarked that the right to disqualify a public representative for life which the Election Commission of Pakistan enjoys, is a matter that should be pondered and the result of election on empty Senate seat on March 9 would be conditional with the court decision.
Chief Justice of Pakistan Umar Ata Bandial remarked that besides the ECP jurisdiction, the important thing in this case was false affidavit. According to the Supreme Court earlier judgement, the consequences of the false affidavit would be harsh, the CJP added.
CJP Bandial further said that a clarity was needed on the matter whether the ECP had the jurisdiction to declare the elected public representatives disqualified for life or not.
“It is paramount to understand to which extent the ECP could use judicial powers,” the chief justice added.
The Supreme Court said it was the first case of its kind.
While arguing the case, Vawda’s lawyer Waseem Sajjad said that only a high court or an election tribunal could disqualify a public representative for life. The Islamabad High Court had directed the Election Commission to look into the matter of Vawda’s dual nationality.
The CJP reminded that it was made clear in the court judgements that there would be serious consequences if the public office holder was having dual nationality.
Justice Muhammad Ali Mazhar remarked that the entire verdict could not be suspended on the matter of defining ECP’s jurisdiction.
Addressing to the lawyer, CJP Bandial said ‘your point does not concern whether the ECP has given a right decision or wrong. Rather it concerns that the ECP cannot declare someone disqualified for life’.
The chief justice also inquired as how many people were disqualified by the ECP on account of Article 62 I-F.
The lawyer told the court that only his client was disqualified. He argued that even the IHC’s direction to the ECP to probe into his client’s dual nationality was illegal.