The petition was heard by a three-member bench chaired by Justice Bandial. The comment was made during the trial of a petition Faisal Vawda, the leader of Pakistan Tehreek-e-Insaf (PTI), filed to challenge his lifetime disqualification.
Wasim Sajjad, Vawda’s attorney, revealed to the court at the Tuesday hearing that his client ran for office in 2018. He was the subject of a disqualification petition two years later for providing a fake affidavit.
The facts will still be the same even if the supreme court rules that the disqualification decision is invalid, he continued. The Election Commission of Pakistan (ECP), the chief justice said in response to his argument, has the power to look into fabricated affidavits.
According to Article 62(1)(f) of the Constitution, a person must be wise, virtuous, non-profligate, honest, and Ameen to be elected as a Majlis-e-Shoora (Parliament) member, barring any contrary pronouncement from a court of law.
The issue is whether the commission has the right to revoke someone’s eligibility. According to Justice Bandial, the commission appears to have reviewed the facts in the Faisal Vawda case correctly.
Vawda was disqualified for hiding his US citizenship in February by the Election Commission of Pakistan and was two months so he should refund all the perks and privileges he had received as a minister and Lawmaker moreover he also lost his senatorial status.
Vawda said that the ECP had not justify using Article 62(1f) of the Constitution to permanently disqualify him. He claimed that the committee appeared to believe that anyone who was disqualified under Article 63(1c) due to having dual citizenship would also be subject to punishment under Article 62(1f).
The top justice further said that the “Draconian Law” is Article 62(1)(f) of lifetime disqualification.
The hearing was then postponed until October 6, with the court declaring that Vawda’s case will be heard cautiously.