‘In my opinion, ECP has no jurisdiction to disqualify lawmaker for life,’ CJP on Vawda’s appeal

• A three-judge bench of the top court headed by CJP Bandial hears Faisal Vawda’s appeal against his disqualification for life.
• "Why the SC should not use the power assigned under Article 187 to fulfil the requirements of complete justice?” remarks the top court. 
• “In my opinion, the ECP does not have the power to disqualify for life under Article 62(1)(f)," remarks the CJP.

ISLAMABAD: Chief Justice of Pakistan (CJP) Umar Ata Bandial Thursday remarked that the Election Commission of Pakistan (ECP), in his personal opinion, does not have the power to disqualify a lawmaker from holding a public office for life under Article 62(1)(f) of the Constitution.

CJP Bandial made the remarks during the hearing of PTI leader Faisal Vawda’s appeal against his disqualification for life.

In his appeal, Vawda contended that the ECP's order dated February 9 and the Islamabad High Court's judgment dated February 16, 2022, is "arbitrary and without lawful authority and of no legal effect," adding that it is also contrary to the judgements of the Supreme Court of Pakistan. He prayed to the apex court to set aside the order of the ECP and the Islamabad High Court (IHC).

The petitioner questioned whether the Election Commission is a court of law for the purposes of Article 62 (1) (f) of the Constitution and whether it has jurisdiction under Article 218 (3) of the Constitution and Section 8 (c) of the Election Act 2017 to deal with and decide the matter of alleged pre-election qualification or disqualification of a returned candidate in view of the judgments of the Supreme Court reported as 2022 SCMR 42 and 2021 SCMR 1675 (Muhammad Salman case).

A three-judge bench of the top court headed by CJP Bandial heard the case.

During the course of proceedings, the bench asked Vawda’s counsel, “Can the SC maintain the declaration of the high court issued under Article 62(1)(f) or not? Why the SC should not use the power assigned under Article 187 to fulfil the requirements of complete justice?”

“In my opinion, the ECP does not have the power to disqualify for life under Article 62(1)(f). Why should we not use Article 187 when it seems that something wrong has happened?” remarked the CJP.

The court adjourned the hearing till November 8.