Article 62-1/F of the constitution is vague: CJP


Islamabad: Chief Justice of Pakistan (CJP) Mian Saqib Nisar has remarked “We accept article 62-1/f is vague and its interpretation will be a difficult task. He gave these remarks while presiding over a 5-member bench of Supreme Court (SC) during the course of hearing case pertaining to determination of disqualification period .
CJP remarked article 62 and 63 are independent and separate from each other. Justice Ijaz ul Ahsan remarked the legislators don’t want that a dishonest person takes part in legislation.
Asma Jahangir counsel for Roy Hassan Nawaz argued , there is no eligibility or ineligibility for voters. There is ambiguity in article 62-1/F. How the good repute or bad character of any person will be determined. Which court will give declaration. This is also not clear. Roy Hassan Nawaz was disqualified for not disclosing assets. Company assets were sold out and company was not in his name. She further argued how can a court do the job what the parliament has not done. Parliament should make decision on political matters.
Justice Umar Ata Bandial remarked the court can resolve solid questions. The court can not solve the questions based on presumptions. Asma Jahangir said who will determine if the matter pertains to ideology of Pakistan. Parliament has not become free so far. Parliament is an independent institution.
CJP remarked this impression is not correct that parliament is not free. Asma Jahangir said she became fearful when she was called during Zia ul Haq regime. Today she also fears when she is called in some protest. What fear persists in Zia ul Haq regime , this fear still prevails.
CJP remarked “ can a person who is declared dishonest and non Amin contest by polls. Suppose article 62-1/F is vague. How can court nullify a vague article. What will be the procedure for interpretation of vague article.
Justice Ijaz ul Ahsan remarked “ the court can determine honesty. How the dishonest person will become honest after some period of time.
He further remarked the legislators don’t want that dishonest persons participate in law making process.
Asma Jahangir said articles 62 and 63 are connected with each other.
CJP remarked if the court declares dishonest any one under article 62-1/F then what will be period of disqualification in respect of this person.
Justice Umar Ata Bandial remarked one man had come who had admitted in the court that his degree was fake. He resigned and took part in re-election. He returned to parliament with securing more votes in by polls.
Asma Jahangir said maximum disqualification period under article 62-1/F should be five years.
Justice Sheikh Azmat Saeed remarked “ as to why the period of disqualification under article 62-1/F was not mentioned in 18th amendment.
CJP remarked “ in our sight articles 62 and 63 are two independent and separate articles. The disqualification will stay as long as declaration stays.
Justice Ijaz ul Ahsan remarked we should keep the standard of ideal persons high.
Asma Jahangir said “ bring people of high standard from outside. Such people will not come from Pakistan.
The court adjourned the hearing of the case till Monday saying no one else will be heard in this case now. Attorney General should give final arguments on Monday.


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