Court raises questions on an MP’s disqualification

PTI leader Ishaq Ahmad Khakwani's counsel expresses dissatisfaction over the court’s proceedings

ISLAMABAD: Hearing petitions seeking disqualification of Prime Minister Nawaz Sharif, the Supreme Court has asked as to what is the appropriate forum for deciding the disqualification of a parliamentarian under Article 63 of the Constitution.

Acting Chief Justice Jawwad S Khawaja – heading the apex court’s three-judge bench – on Wednesday sought assistance from Attorney General of Pakistan (AGP) Salman Aslam Butt to determine answers to some vital questions related to disqualification of a lawmaker.

“What will be the ‘appropriate forum’ to disqualify a parliamentarian? If the court is the forum then which court will be competent to initiate the trial? What will be the procedure regarding the disqualification of a parliamentarian and which kind of evidences will be required to disqualify a parliamentarian?” the court asked.

Justice Khawaja also asked as to whether Article 10-A of the Constitution will be applicable and who will have the locus standi to challenge the qualification before the competent court. He said it is the will of people that their representative should be ‘Sadiq and Ameen’.

“We will give ruling in accordance with the Constitution and are not concerned whether the prime minister and interior minister are disqualified or not,” he said.

The AGP Salman Aslam Butt contended that as the court had already decided to form a larger bench to decide the issues pertaining to the disqualification of parliamentarians, the matter should be referred to the same bench.

Another member of the bench – Justice Sarmad Jalal Osmani – observed that the sitting parliamentarians have already passed the test of Sadiq and Ameen in view of Article 62 of the Constitution.

“After insertion of 18th Amendment, Retuning Officers cannot disqualify a candidate until and unless he is convicted by court of law,” he said, adding that earlier, the ROs disqualified candidates over minor issues.

Justice Osmani asked the petitioner: “Where it is written in Article 63 that a liar will be ousted (disqualified) from the parliament”.  He also asked him to tell the court when the PM was convicted by a court of law. “Everyone has skeletons in his cupboards,” he added

Justice Osmani also made it clear that there is no remedy against the Speaker National Assembly’s ruling regarding the qualification of any MNA.

Justice Khawaja also observed that if court took notice of the media statements of parliamentarians then whole parliament would be disqualified.  “There will be serious consequences of this case,” he said.

Meanwhile, Irfan Qadir, counsel for Pakistan Tehreek-e-Insaf (PTI) leader Ishaq Ahmad Khakwani expressed dissatisfaction over the court’s proceedings in PM disqualification case.

“Sixty-five days have elapsed but no meaningful hearing has so far taken place on the plea filed by a large political party of the country,” he said.

The counsel requested the bench to fix the matter related to the recusal of Justice Khawaja first.  He also raised question over the impartiality of registrar office in this matter.

He requested Justice Khawaja, who is performing duty as acting CJ, to fix appeal against registrar office’s order, wherein their plea regarding his recusal was returned with objections.

Justice Khawaja told Irfan Qadir that another petitioner Insaf Lawyers Forum senior vice president Gohar Sindhu had asked him to hear the case while Qadir was requesting for recusal.

During the hearing, Justice Khawaja observed that they would deliver a written order in the evening. He also stated that the next hearing of the case would be held in Quetta registry on Monday. However, the bench did not issue the written order by the evening and the case is listed again for today (Thursday).

Published in The Express Tribune, November 6^th, 2014.