Uniform application of Article 62: SC dismisses Hanif Abbasi's review petition

Three member bench headed by CJP heard Abbasi's review petition

ISLAMABAD: The Supreme Court of Pakistan on Thursday rejected Pakistan Muslim League-Nawaz (PML-N) leader Hanif Abbasi's review petition against the top court's earlier judgment which declared Prime Minister Imran Khan as 'Sadiq' and 'Ameen'.

A three-member bench headed by Chief Justice Mian Saqib Nisar heard the review petition filed by Abbasi through his counsel Akram Sheikh.

Sheikh stated that the bench did not follow the larger bench's judgement in the Panamagate verdict.

"The court applied the rule of strict liability in the Panamagate case verdict while the same was done in this case," Sheikh added.

The counsel added that "judges are not infallible and can make mistakes".

Sheikh also questioned the authenticity of documents submitted by PM Imran, saying that the documents did not come through a proper chain of custody.

Justice Nisar responded that it is the discretion of the court to accept any documents in any case which is being litigated under Article 184(3) of the Constitution.

When Abbasi's counsel sought the court's oversight on some aspects of the earlier verdict, Justice Umar Ata Bandial remarked that "you are misreading the court's judgment".



"You are giving sweeping statements probably to satisfy yourself and the audience," said the justice and added that the counsel is arguing the case without reading the December 15 judgment.

Former Pakistan Tehreek-e-Insaf (PTI) General Secretary Jahangir Tareen had been disqualified by the top court in its December 15, 2017 verdict under Article 62(1)(f) of the Constitution over concealment of assets.

The top court in September dismissed 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.’



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.