SC turns down Vawda's request to suspend ECP ban

Apex court also rejects counsel's request to suspend March 9 election on Senate seat

ISLAMABAD:

The Supreme Court (SC) on Tuesday turned down Pakistan Tehreek-e-Insaf (PTI) leader Faisal Vawda's request to suspend the Election Commission of Pakistan (ECP)'s decision regarding his lifetime disqualification under Article 62(1)(f) of the constitution.

Vawda's counsel Wasim Sajjad  had also requested the top court to stop the election being held on March 9 on the seat left vacant after the disqualification of the PTI leader.

The ECP had disqualified Vawda on account of holding dual nationality at the time of the 2018 general elections and de-notified him as a member of the Senate.

During the hearing of the case today, a three-member bench led by Chief Justice Umar Ata Bandial said the top court will consider the petition submitted by the PTI leader as it raises questions over ECP's powers in the case.

The important aspect of this case is the jurisdiction of the ECP, the apex court said, noting that the bench will consider whether the ECP had the authority to disqualify elected lawmakers for life.

As far as the request to stop the election on the Senate seat was concerned, the judge told the petitioner to wait for the verdict in the case. It noted that the result of the election on the seat left vacant by Vawda will be subject to the outcome of the case.

Read Vawda challenges lifelong disqualification in SC

The CJP addressed Vawda's lawyer Wasim Sajjad, asking if his client had submitted a false certificate to the ECP ahead of the 2018 polls. "Yes, sir," responded the lawyer.

The court said along with the use of powers by the ECP to sack Vawda, the court will also look at the conduct of the former lawmaker. It added that the former lawmaker had also used delaying tactics when his case was in the high court.

In a comment on disqualification, Sajjad said even death sentences handed by courts are confirmed by the high court. "This is not a death sentence," said Justice Bandial. This is political death, the lawyer responded while adding that many judgments have termed the disqualification under 62(1)(f) akin to political death.

"We will not go into that," said the CJP, adding that the court in this case was concerned whether the ECP had powers to disqualify lawmakers for life.

The bench issued notices to respondents as well as the attorney general for Pakistan in the case and adjourned it indefinitely.