Pakistan's Supreme Court ruled that a person disqualified under Article 62 and 63 of the Constitution cannot serve as the head of a political party. This is notable that Nawaz Sharif, 68, was disqualified by the apex court in the Panama Papers case in July last year under Article 62 for failing to declare a receivable salary as an asset.
Under the old law, a person disqualified from holding a public office was also barred from leading a political party but the bar was removed by the parliament when it passed Elections Act 2017. The Pakistan Tehreek-i-Insaf (PTI), Awami Muslim League, Pakistan People's Party and others petitioned the apex court against the Elections Act 2017.
A three-judge bench, headed by Chief Justice Mian Saqib Nisar and comprising Justice Umar Ata Bandial and Justice Ijaz ul Ahsan, issued a short order on February 22 , on petitions filed against Sharif’s holding of the party position after his disqualification in the Panama Papers case.
In its five-page order, read by Chief Justice Nisar, the court declares that any person who is disqualified under the Article 62 or 63 of the Constitution is barred from holding the position of “Party Head” by whatever name called.
The order says that “the disqualified person, is also prohibited from exercising any of the powers provided in Article 63-A of the Constitution, as “Party Head” or any other power in that capacity under any law, rule, regulation, statute, instrument or document of any political party.
“Such bar and prohibition shall commence from the date of disqualification and continue till such time that the lack of qualification/disqualification of such person continues in terms of the provisions of Articles 62 and 63 of the Constitution”, says the order.
The court also ruled that “Articles 62, 63 and 63-A of the Constitution create an integrated framework for ensuring that business of the Parliament is conducted by persons of probity, integrity and high moral character. These conditions are enforced by Articles 62 & 63 of the Constitution by prescribing qualifications and disqualifications for membership to the Parliament.”