The Supreme Court Tuesday directed former finance minister and Paki-stan Muslim League-Nawaz (PML-N) leader, Ishaq Dar, to appear before the court on May 8, besides assuring him a protective bail on return. A three-member Supreme Court bench ,comprising Chief Justice Mian Saqib Nisar, Justice Umar Ata Bandial and Justice Ijazul Ahsan, was hearing a petition filed by Pakistan Peoples Party (PPP) candidate Nawazish Pirzada against the Lahore High Court's (LHC) verdict allowing Dar to submit his nomination papers for the Senate election, despite being a proclaimed offender in an accountability case.
At the outset of hearing, the Chief Justice questioned the whereabouts of Dar, to which Dar's counsel Salman Aslam Butt stated that his client was undergoing treatment in London. "He can't be ill enough that he cannot show up when summoned," he Chief Justice remarked. "When he will appear before us, we can even grant him a protective bail upon his return," he said.
He noted that Dar recently held a meeting with former Prime Minister Nawaz Sharif in London, adding that Dar should come back to face cases. He said warrants will be issued against Dar if he does not return and ensure his appearance before the courts. The counsel presented a medical certificate of Dar; however, the court rejected it and directed the counsel to submit reply of his client by 8:00pm on Tuesday. Later, the court adjourned the hearing till May 8.
In his reply to the petition, Dar through his counsel contended that after the enactment of 18th Amendment, there is no provision under the law and Constitution barring an absconder from contesting the Senate election. "Having canvassed the amendments made to Article 63 of the Constitution ... there is no prohibition on a person who has been declared an absconder from contesting the Senate election. Accordingly, an appeal is liable to be dismissed," the reply stated.
"A person can only be debarred from contesting the election if his case falls squarely within the strict scope of qualification and disqualification stipulated by the Constitution and by law. Since the law favors a liberal interpretation ... therefore the writ petition was not maintainable," the reply stated. Earlier, on February 17, 2018, an appellate election tribunal of the LHC had granted Dar permission to contest the Senate election, setting aside an order of returning officer who had rejected his nomination papers.
Dar has been out of the country since October 2017 on account of his medical treatment. He has since been declared a proclaimed offender in a corruption case filed against him by the National Accountability Bureau in the Accountability Court.
The Supreme Court in March 2018 had issued a notice to Dar over the petition, besides directing him to ensure his appearance before the court. The court had questioned whether in the prevailing circumstances Dar would be eligible to contest election. Advocate Babar Sattar was appointed as amicus curiae (friend of the court) for assistance in the case.
According to the petitioner, an absconder cannot contest election. "The Supreme Court has categorically declared that a fugitive from law loses his normal rights granted under the substantive as well as procedural laws," the petitioner contended.
On March 3, 2018, Dar won a Senate seat as a PML-N-backed independent candidate from Punjab, but he is yet to take oath after being elected as a senator on PML-N ticket this year in March last.
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