PESHAWAR: The Peshawar High Court (PHC) was moved on Tuesday to order the Election Commission of Pakistan (ECP) to do a drug test of the legislators in the national and provincial assembles as a petitioner claimed most of the lawmakers didn’t fulfill the criteria to become elected members under Articles 62 and 63 of the Constitution.
Saifullah Mohib Kakakhel, a lawyer in Peshawar, filed the writ petition praying the high court to order the ECP to subject the lawmakers to the drug test and de-notify them if they tested positive.
The petitioner prayed the court to order the ECP to do the drug test of the candidates in the next general election in 2018.
The petitioner claimed that many members of the national and provincial assemblies used intoxicants like alcohol, opium, cannabis/charas, heroin, ice and other drugs.
“The constitutional petition involves a question of public interest regarding Articles 62 and 63 of Constitution in which the qualifications and disqualifications are elaborately discussed but most of our members of provincial assemblies and National Assembly do not fulfill the criteria to become an elected member because of the reason that they are involved in major sins and do not follow Islamic injunctions,” the petitioner claimed in the writ petition.
The petition was filed after disqualification of Nawaz Sharif as prime minister by the Supreme Court under Articles 62 and 63 of the Constitution.
According to Article 62 (d), a person is qualified to become a member of the Parliament and provincial assembly if has good character and is not commonly known as one who violates injunctions of Islam.
The Article 62(e) further clarifies, “The MPAs and MNAs shall have adequate knowledge of Islamic teachings and also practice obligatory duties prescribed by Islam as well as abstain from major sins.”
The petitioner submitted that the drugs including alcohol, opium, ice/meth, charas and cocaine were the sources of major sins mentioned in the Holy Quran and Hadiths. The petitioner also quoted the verses from the Holy Quran and Hadiths relevant to the case.
The lawyer pointed out that on many occasions empty bottles of alcohol were found at the Parliament Lodges in Islamabad and at the MPAs’ Hostel in Peshawar and these were even shown on television.
“Former Prime Minister Nawaz Sharif was disqualified by the Supreme Court for not receiving salary from his son and was termed not to be Sadiq and Ameen,” the petitioner explained.
It was submitted that the drug test would benefit the public at large and it would be in the best interest of justice if the court directed the ECP to initiate the practice during the submission of nomination papers for the next election.
“The elected members using drugs cannot raise voice for the rights of the electorate in the provincial and national assemblies,” the petitioner argued.
He alleged that a number of elected members were involved in white collar crimes, backbiting, defaming opponents and name-calling that were prohibited in Islam.
The federal government through secretary ECP, National Assembly through secretary, KP Provincial Assembly, all members of provincial assembly and National Assembly and Minister of Law and Justice, Khyber Pakhtunkhwa were made parties in the petition.