Disqualification time limit case: Not party so no participation

ISLAMABAD: Deposed prime minister Nawaz Sharif on Tuesday declined to become party in the case determining the disqualification period for a parliament member under Article 62(1)(f) of Constitution.

He argued that taking part in the election process was a fundamental right and therefore no perpetual disqualification could be imposed on someone by interpreting the Article 62.

The development came as a three-bench headed by Chief Justice Saqib Nisar resumed hearing in the petitions, challenging the controversial Election Act 2017.

A number of major political parties including PPP and PTI, Sheikh Rashid Ahmed of Awami Muslim League and Zulfiqar Ahmed Bhutta Advocate had filed identical petitions, challenging the Election Act that paved the way for Nawaz to become party head again after his disqualification.

On January 31, the court had issued notice to Nawaz to present his arguments and gave him one week to engage his counsel. It had also notified for information of the general public that the general public that if any person, including any voter or member or leader of any political party who may consider it likely to be affected by the decision of the aforesaid cases in one way or another, may approach the Supreme Court if so advised in his own interest or in the public interest to seek permission to be heard in the matter. The court had stated that if no one appeared, the matter would be decided ex parte.

On Tuesday, the chief justice said if the former prime minister chooses not to become party in the case then they would proceed against him ex parte. He, however, said the PML-N chief could join the proceeding any time, “but the clock will not be reversed”.

Senator Raja Zafar-ul Haq appeared before bench and informed that he was representing the PML-N. Salman Akram Raja Advocate would argue on behalf of the party. In his reply, the deposed prime minister submitted that a notice was issued by this court in the case of interpretation of Article 62(1)(f) of Constitution.

“My representative Azam Nazir Tarar appeared before the court on 31-01-18 and on my request sought time, enabling the undersigned to consult the party leadership since the matter is of far reaching consequences relating to the body politics of the country. The court was pleased to accede to my request,” said Nawaz.

He contended that if he were to be a party to the original proceedings, he would have requested Justice Azmat Saeed Sheikh and Justice Ijaz-ul-Ahsan to kindly recuse themselves from the bench as they had already rendered a judgment regardingthe issue of his qualification as a member of Parliament and expressed their opinions about his person on a number of occasion, therefore it would be unfortunate if they were to again decide on the issues keeping in person in their view.

“I deliberated the issue with party leadership and it feels appropriate that since this court has taken up the matter on the motion of many other aggrieved parties, having stakes in the issue, therefore his joining of the proceedings at this juncture before this bench may prejudice their cases,” Nawaz submitted

He contended that in peculiar facts and circumstances, he did not wish to be part of the proceedings. “It s well settled by now that to take part in the elections process is a fundamental right and therefore no perpetual disqualification can be imposed on someone by interpreting the Article 62 of Constitution,” he said.

He said a time limit could have been provided by the Parliament but since it has not been done so, the issue of qualification under Article 62 is confined only to the election in question. “I being a strong proponent of democracy believe that it is the right of the people of Pakistan to participate in the election process and to reject or elect candidates of their choice,”, the former prime minister said in his reply.

“The people enjoy an inalienable right to elect their representatives through a true democratic process and not be given the list of selective people through the process of elimination,” he stated.