Uniform application of Article 62 (1) (f): Hanif Abbasi requests SC to form full bench

Top court hears review petition against its verdict on Imran, Tareen today

ISLAMABAD: As the Supreme Court is taking up review petitions against its judgments to declare Prime Minister Imran Khan as qualified and another Pakistan Tehreek-e-Insaf leader Jahangir Tareen as disqualified today (Thursday), Pakistan Muslim League Nawaz (PML-N) leader Hanif Abbasi’s attorney has approached the top court requesting to constitute a full court for uniform interpretation of Article 62 (1) (f), which is being used for the disqualification of lawmakers who are not ‘Sadiq and Ameen’

Senior lawyer Akram Sheikh on Wednesday moved an application in the apex court, stating that a rule of strict liability was applied in the Panamagate verdict which disqualified former PM Nawaz Sharif but same rule was not followed in the incumbent PM’s case, wherein it was clearly established from the record that Imran had made serious concealments regarding his own assets and liability as well as the assets of his wife.



The application states that there are no uniform guidelines about how an election dispute would be treated by the apex court, adding that such election matters inter alia require a delicate balancing of the rights of the parliamentarian as well as the jurisdiction and judicial powers of the Supreme Court.

“The increasing exercise of original jurisdiction under Article 184 (3) however, curtails the right of appeal of litigants and the only remedy available to them is a review petition. That as yet there has been law framed for regulating review jurisdiction of this Honourable Court under Article 188. Therefore, the vital question to be answered is whether a review petition arising out of an order passed under Article 184(3) should be treated in a different way than a case that has arisen from the lowest levels of the judicial hierarchy and has reached the apex court after scrutiny at various judicial forums”

“In light of the fact that there is an apparent conflict in interpretation of Article 62(1)(f) of the Constitution and section 99(1)(f) of ROPA involving the parliamentary structure and scrutiny of its membership by the Supreme Court, it would be in the interest of justice that the two review petitions, be referred to the full strength of the Supreme Court or a significantly larger bench”, says the application.

The applicant also referred SC judge Justice Qazi Faez Isa’s minority opinion, wherein he framed seven detailed questions suggesting constitution of a full court to settle these seven pertinent questions which need a final resolution in light of conflicting interpretation of the SC in matters relating to scope of Article 225, 184(3) and 62(1(f) in election disputes regarding disqualification of elected members of legislature.

“This lack of clarity and presence of such unanswered questions in the public space is not warranted as it may have impact on the image of this ultimate court of justice and the citizens would not have the safety of knowing the consequences of an omission or an honest mistake or of a knowing misdeclaration in the nomination forms”

Furthermore, the applicant says the matter is of public importance as Imran has been elected as an MNA in the General Elections of 2018 and is occupying the highest office of the executive organ of the state Prime Minister of Pakistan.