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i) It is hereby declared that having failed to disclose his un-withdrawn receivables constituting assets from Capital FZE, Jebel Ali, UAE in his nomination papers filed for the General Elections held in 2013 in terms of Section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.

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