Uniform application of Article 62: SC dismisses Hanif Abbasi’s petition
A three-member bench headed by CJP rejected petition
Three-member bench headed by CJP reject Abbasi's plea. PHOTO: FILE
The Supreme Court on Thursday dismissed Pakistan Muslim League-Nawaz (PML-N) leader Hanif Abbasi's plea requesting a formation of a full bench for the uniform interpretation of Article 62 (1) (f).
The petition by the PML-N leader was rejected by a three-member bench headed by Chief Justice Saqib Nisar.
Abbasi's counsel had approached the top court requesting to constitute a full bench for the uniform interpretation of Article 62 (1) (f), which is being used for the disqualification of lawmakers who are not ‘Sadiq and Ameen.’
Uniform application of Article 62 (1) (f): Hanif Abbasi requests SC to form full bench
Senior lawyer Akram Sheikh had moved an application in the apex court, stating that a rule of strict liability was applied in the Panamagate verdict which disqualified former premier Nawaz Sharif but the same rule was not followed in the incumbent PM’s case, wherein it was clearly established from the record that Imran had concealed information regarding his own assets and liability as well as the assets of his wife.
The application stated 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.
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“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”, the application had stated.
The petition by the PML-N leader was rejected by a three-member bench headed by Chief Justice Saqib Nisar.
Abbasi's counsel had approached the top court requesting to constitute a full bench for the uniform interpretation of Article 62 (1) (f), which is being used for the disqualification of lawmakers who are not ‘Sadiq and Ameen.’
Uniform application of Article 62 (1) (f): Hanif Abbasi requests SC to form full bench
Senior lawyer Akram Sheikh had moved an application in the apex court, stating that a rule of strict liability was applied in the Panamagate verdict which disqualified former premier Nawaz Sharif but the same rule was not followed in the incumbent PM’s case, wherein it was clearly established from the record that Imran had concealed information regarding his own assets and liability as well as the assets of his wife.
The application stated 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.
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“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”, the application had stated.