Article 62(1)(f)

The Supreme Court of Pakistan is now deliberating requests by those disqualified from holding Pakistan Parliamentary seats under Article 62(1)(f) to ascertain the period of their disqualification whether it is for life or a fixed term as in the case of other laws. The matter is of such public importance that every citizen of Pakistan should be considered a party to it and should be allowed to participate in the debate in any way he can. I hope that my observations below will reach the attention of the court.

The text of Article 62(1)(f) is as follows:

29[62. Qualifications for membership of Majlis-e-Shoora (Parliament).- (1)

A person shall not be qualified to be elected or chosen as a member of Majlise-

Shoora (Parliament) unless—

(f) he is sagacious, righteous, non-profligate, honest and ameen,

there being no declaration to the contrary by a court of law; and

The word “ameen” is not in the English dictionary, but in Pakistan it generally signifies an individual who returns to its rightful owner what is kept in his or her trust or safe custody.

In my humble opinion the above sub-clause (f) simply means that a person can not apply for election to the Parliament if he or she is judged by a court of law (anywhere) to have acted in a manner that is not sagacious, righteous, non-profligate, honest or ameen.

In ordinary cases it would mean that this person would not qualify for election in future, but if the disqualifying act is committed in the process of an election due to which he or she currently holds office, the person would be disqualified from such office.

Excerpt  from Supreme Court judgment on Nawaz Sharif dated 21 July 2017:

i) It is hereby declared that having failed to disclose his un-withdrawn receivables constituting assets from Capital FZE, Jebel Ali, UAE in his nomination papers filed for the General Elections held in 2013 in terms of Section 12(2)(f) of the Representation of the People Act, 1976 (ROPA), and having furnished a false declaration under solemn affirmation respondent No. 1 Mian Muhammad Nawaz Sharif is not honest in terms of Section 99(f) of ROPA and Article 62(1)(f) of the Constitution of the Islamic Republic of Pakistan, 1973, therefore, he is disqualified to be a Member of the Majlis-e-Shoora (Parliament);

In the light of the above analysis Mr. Nawaz Sharif, obviously, stand disqualified for all future elections to the Parliament of Pakistan.

..

Nawaz Sharif and Biharis

Those who have been following the history of South Asia must be familiar with the harrowing facts about the genocide and persecution of Urdu speaking Biharis in the wake of the formation of Bangladesh. Out of a population of around 800,000 about 200,000 are reported to have been killed, about 300,000 are understood to have come to Pakistan through various routes between 1971 and 1988 according to UNHCR records. In July 1988, it was estimated that there were 260,000 Biharis in Bangladesh.  Ehtesham Shahid of Al Arabia English reported in April, 2017 that there were still 300,000 Biharis suffering in refugee camps in Bangladesh.

From the following chronological record it is evident that during his two terms in office, Mr. Nawaz Sharif managed to get about half a billion dollars from the World Muslim League for the noble cause of resettling the Biharis in Pakistan. A recent survey of Google maps shows at least half a dozen Bihari Colonies in different parts of Punjab, but less than 500 Biharis were actually repatriated under the scheme before it was abandoned due to alleged violent reaction from Sindhi nationalists. Nobody knows how the half billion dollars were spent or how many houses were built and who lives in them? Could this be one of the ways how the Sharif family got so rich? The times of the WML donation of USD 300 million and the purchase of Mayfare flat and again the 200 million dollars and the Hyde Park house seem to be quite close.

http://www.refworld.org/cgi-bin/texis/vtx/rwmain?page=printdoc&docid=469f3868c

Refworld | Chronology for Biharis in Bangladesh

Jul 9, 1988 It was announced that the Pakistani government had reached agreement with Rabita al-Alam al-Islami, a Mecca-based humanitarian group, to assist in the repatriation of an estimated 260,000 Biharis in Bangladesh.

Nov 12, 1991 Pakistani officials announced that their government had decided to expedite the repatriation of the Biharis stranded in Bangladesh.

Nov 17, 1991 The Muslim World League urged Muslims around the world to fund the return of the Biharis to Pakistan (estimated US $300 million).

Jan 10, 1993 The resettlement of Bihari refugees began with the arrival of 325 people in Lahore, Pakistan.

Jan 11, 1993 A bomb exploded in the southern Pakistan town of Kotri, killing 13 people. The bomb was planted in a Bihari colony in Kotri (Sindhis are alleged to be involved in the bombing).

(A small contingent of Biharis had also arrived on ship by sea and they were allegedly butchered by Sindhi nationalists while travelling in a railway train from Karachi to Punjab through interior Sindh.  As a result of this incident, the program of repatriation was halted.)

July 18, 1993, Nawaz Sharif was sacked.

Jul 16, 1994 The leader of the SPGRC (Nasim), Nasim Khan demanded the early repatriation of 3000 families as per the joint declaration issued in August 1992 by Bangladeshi Prime Minister Khaleda Zia and then Pakistani Prime Minister Nawaz Sharif. Khan stated that 3000 housing units had already been built in Punjab to accommodate the stranded Pakistanis. So far, only 321 Biharis have been repatriated (Xinhua News Agency, 07/16/94).

Nov 14, 1995 Around 130 Bangladeshis have been deported from Pakistan (and arrested on their arrival in Dhaka) as part of the Pakistani government's campaign to remove alleged illegal immigrants (Reuters, 11/14/95).

Jan 27, 1998 Pakistani Prime Minister Sharif gives his firm commitment to repatriate the Biharis once the necessary funds are raised. Since 1988, a joint Pakistani-Saudi Arabian NGO, the Rabita Alam Al-Islami (World Muslim League), has been providing funds to run the camps in Bangladesh (Agence France Presse, 01/27/98).

Oct 14, 1998 Pakistan says that it is working on the repatriation issue and that it has approached the Rabita Alam Al-Islami for US $200 million. Pakistan would match the funds which would be used to build housing and resettle the Biharis (The Independent, 10/14/98).

Oct 12, 1999, Nawaz Sharif was sacked.

http://english.alarabiya.net/authors/Ehtesham-Shahid.html

Al Arabia English: Ehtesham Shahid Wednesday, 19 April 2017

Even in today’s turbulent times, it is difficult to imagine a population of over 300,000 virtually stateless and abandoned. This has been the tragic state of Biharis or Urdu-speaking people stranded in Bangladesh for more than 45 years. Unfortunately, little is being done to change their condition.