Supreme Court is trying to ascertain legality of a disqualified parliamentarian to head a political party whereas Pakistan Muslim League-Nawaz counsel is expressing confidence that no provision of the Constitution imposes bar on a disqualified parliamentarian to become the party head. Concluding arguments before a three-member bench led by Chief Justice Mian Saqib Nisar in response to pleas challenging the Elections Act, 2017, Salman Akram Raja pleaded that disqualification of a parliamentarian pertains to entry into Parliament but not to political party.
During the course of proceedings, Chief Justice Mian Saqib Nisar said while addressing Raja that the counsel should satisfy the court that God forbid if a thief becomes a party head then what would be the limit of the court to exercise its jurisdiction. Raja contended it is the right of voters to elect a political party's head, saying disqualification of a parliamentarian doesn't mean that the deposed parliamentarian has lost his fundamental right being a citizen.
Justice Ijazul Ahsan asked Raja, "Give us one example where a disqualified person is issuing tickets for Senate. Don't you think the person who secures ticket would not be beholden to him?" Chief Justice Mian Saqib Nisar remarked that no embargo can be imposed on thinking of a party leader whereas Justice Ijazul Ahsan asked now it can be presumed that stream will not be contaminated if the source of water is polluted.
Raja pleaded that Articles 62 and 63 of the Constitution determine qualification and disqualification of parliamentarians whereas Article 63 (a) is about the head and members of political parties. Responding to Chief Justice Mian Saqib Nisar's observation that incumbent Prime Minister Shahid Khaqan Abbasi used to say that deposed Prime Minster Nawaz Sharif is his prime minister, Raja submitted that the entire Parliament should have taken notice of the matter.
The Chief Justice observed the court is also examining the situation, saying the Parliament has the prerogative to legislate but at the same time it is important that such laws should be valid. Raja quoted that Nelson Mandela's imprisonment didn't affect his right to become African National Congress member; to which Chief Justice Mian Saqib Nisar plainly said Nelson Mandela was behind the bars for political reasons.
Chief Justice Mian Saqib Nisar said how a convict of contempt of court can become a party head, saying if a person is convicted in contempt case then he will be considered as disloyal to the state. However, Raja was of the view that Article 63(1) could not be included in Article 17 to which Justice Ijazul Ahsan observed that attacking the court is tantamount to subverting the Constitution, asking Raja to cite any constitution that allows a convicted person to become head of a political party.
Later, the hearing of matter was adjourned till February 21.
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