ISLAMABAD: The Supreme Court of Pakistan has returned the Supreme Court Bar Association's petition, which had objected to a petition challenging the life disqualification of MPs.
Supreme Court Bar Association (SCBA) President Ahsen Bhun filed a constitutional petition in the Supreme Court under Article 184(3) of the Constitution, praying to declare that Article 62(1)(f) to be declared by a court of law under Applies only to the election in question and does not include permanent/lifetime bar.
He also prayed the court to declare that proceedings/declarations under Article 184(3) or 199 of the Constitution do not constitute declarations by a court of law in accordance with the principles laid down by the court. However, the Registrar's Office of the Supreme Court has returned the petition with the objection that the court has already given its verdict in the matter.
Similarly, it was also stated that the review petitions filed in this case were dismissed, hence once the review petitions were adjudicated, it could not be filed again.
Meanwhile, President of the Supreme Court Bar Association, Ahsen Bhun, told the media in the Supreme Court that he would file an appeal against the objections raised by the Registrar's Office and the application would be shared with the media. "I hope the new Chief Justice Omar Ata Bandiyal will consider the appeal," said Fhun.
In his petition, Ahsen Bhun submitted that it was necessary to reconcile the court's jurisprudence to consider whether the denial of the right of appeal – resulting in lifelong disqualification – is also a violation of the fundamental rights of such persons, with as their potential voters. He recalled that the apex court had identified certain due process protections provided to a candidate/member of parliament for a court/tribunal to make a declaration under Article 62(1)(f) of the Constitution.
He had argued that in the case of Samiullah Baloch, the Supreme Court had upheld the principle that the disqualification in the Abdul Ghafoor Lahiri case was perpetual, as adequate remedies were available to anyone against whom such a declaration was made. Ahsen Bhun in his petition said, "However, what has not been noticed is that there is no adequate remedy available in the absence of the right of appeal against the decision made by this Court under Article 184(3) "