Proclaimed offender eligible to participate in polls: SC
A general view of the Supreme Court of Pakistan building at the evening hours, in Islamabad, Pakistan April 7, 2022. PHOTO: REUTERS
The Supreme Court has ruled that the absence of specific provisions in the constitution or the Elections Act disqualifying a proclaimed offender from contesting elections precludes the courts from unilaterally imposing such disqualifications without legal backing.
A two-page written order authored by Justice Syed Mansoor Ali Shah, while accepting the nomination papers of PTI candidate Umar Aslam, said, "We may point out that Article 62 (1) (d), (e), (f) and (g) has been recently declared by this Court, in Civil Appeal No. 982 of 2018 etc titled Hamza Rasheed Khan v.
Election Appellate Tribunal & others, not to be self-executory and to serve as guidelines for the voters in exercising their right to vote, hence even being a proclaimed offender does not attract the disqualification under the said provisions”.
PTI leader Umar Aslam was granted permission to contest elections from the NA seat on Friday. One application for Umar Aslam's election candidacy was rejected, while another was approved, creating a legal paradox.
A division bench of SC heard the cases of the appeals against rejected nomination papers of candidates by the returning officers.
Read: SHC allows PTI leaders to contest polls
In its order, the SC said that the Election Commission of Pakistan (ECP) shall ensure that all the necessary steps to be taken in the electoral process are completed forthwith so that the petitioner can contest the election on the scheduled date for the said seat, without fail.
“The petitioner seeks leave to appeal against the order dated 12.01.2024, passed by a full bench of the Lahore High Court, Lahore, whereby his nomination paper for seat of the National Assembly from NA-87, Khushab, was rejected on the ground that he is a proclaimed offender in a criminal case.”
Briefly, the top court stated, the facts are that the nomination paper of the petitioner was rejected by the ROs on the same ground on December 30, 2023.
However, on appeal, the appellate tribunal set aside the order of the RO and accepted the nomination paper of the petitioner. The objector-respondent challenged the order of the appellate tribunal through a writ petition in the high court, which vide order dated January 12, 2024 was allowed and the nomination paper of the petitioner stood rejected.