- Justice Bandial says substantial cause required to implicate someone for life
ISLAMABAD: The Supreme Court on Thursday questioned the applicability of Article 62(1)(f) of the constitution in the Khawaja Asif disqualification case, deliberating whether the former foreign minister should be disqualified for life.
The hearing of the case was resumed at the apex court’s Lahore registry against Islamabad High Court’s verdict.
While hearing the case, the three-member bench, headed by Justice Umar Ata Bandial, also noted that if said laws are violated, the individual is subsequently disqualified under Article 62(1)(f) of Representation of Peoples Act (ROPA) law.
Under the ROPA law, members of a provincial assembly can only be de-seated once and for life under Article 62.
Pakistan Tehreek-e-Insaf (PTI) candidate Usman Dar’s counsel Sikandar Bashir Mohmand continued presenting arguments in the case and mentioned the Panama verdict during the hearing.
Justice Bandial remarked that it takes the substantial cause to implicate someone for life, so there is a need to study the case from every aspect and with a lot of care.
The judge further remarked that Asif’s counsel contended that the current case doesn’t relate to disqualification because the doubt of mistake always exists. At this, Mohmand argued that Asif’s non-disclosure was not merely a mistake. He alleged that this is just another tactic from the defence to hinder the case.
Justice Faisal Arab remarked that it’s not necessary that a parliamentarian would be disqualified on non-fulfilment of every legal obligation.
In contention, Mohmand said that there are instances where lawmakers have been disqualified for holding two passports and for even declaring payables.
The hearing of the case is adjourned till tomorrow.