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having failed to disclose his un-withdrawn receivables constituting assets from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.
..
