Four legal experts differ on making disqualified person party head

LAHORE: Senior lawyers have expressed different opinion regarding the electoral reforms enabling a politician, who is disqualified to be a Parliament member, to head a party.The former Supreme Court Bar Association (SCBA) president, Abid Hassan Manto, said he was against the very Articles 62 and 63. He said all the lacunae, including Articles 62 and 63, added to the Constitution during the Zia regime should be removed.

Only the people should have the power to decide about the qualification and disqualification of a person, said Manto.

He said many examples were available in Europe where the party leadership only led the party and did not participate in electoral process.

Manto, however, said the electoral reforms would certainly be challenged as how a person barred from contesting elections could lead a party. Ali Zafar, another former president of SCBA, said the amendment was contrary to democratic norms and principles. How a person, who had been disqualified, could be the head a political party, he remarked.

Describing the amendment against constitutional principles, he said it was clear that the move was aimed at benefiting a person. “When a person disqualified under Articles 62 and 63 cannot become a Parliament member then how he can lead a party which is to participate in elections,” Ali questioned.

He opined that the amendment could be challenged in the higher judiciary which might annul that.

Aftab Ahmed Bajwa, former secretary of SCBA, said the electoral reforms were a conspiracy to ignite a clash among institutions, adding that the SCBA would move the apex court against the amendment which was not against the basic structure of the Constitution but also contrary democratic principles.

Former deputy attorney general Raja Abdur-ur-Rehman said no law, which was against the Constitution’s basic structure, could sustain, adding that the latest amendment was against the basic structure. He said even insane, thief, robber, dual nationality holder and anti-Islam would become eligible if such amendments became part of law. There were many examples in the past where the higher judiciary declared such amendments, including those concerning military courts, null and void, Raja added.