Justice Ijazul Ahsan on Tuesday said the lawmaker would remain unqualified until the court quashed the declaration of his disqualification.
He made the remarks as a five-member bench, chaired by the chief justice, and included Justice Mazhar Alam Khan Miankhel, Judge Munib Akhtar and Judge Jamal Khan Mandokhail, who also heard a presidential referendum seeking the interpretation of Article 63-A of the high court. the Constitution, which is linked to the prevention of lawbreakers.
During today’s hearing, PTI lawyer Babar Awan presented his case on behalf of party chief Imran Khan. He pointed out that those who failed to pay their debts could not be a member of parliament.
“If time is not set then the inadequacy of a lifetime,” he said.
This time, Justice Mandokhail asked if the attorney would continue to remain unfit to pay their applicable debts before the next election.
Justice Ahsan said lawmakers’ disapproval would end once the arrears were paid. Only the prohibition under Section 62 (1) (f) – which stipulates that a member of parliament should be a “sadiq and ameen” (honest and good) – is permanent, “he said.
But, he added, that “the unfair would remain in place until the declaration was withdrawn by the court”.
“Disqualification due to non-payment of used debt will not be lifelong,” added Justice Ahsan.
In terms of Article 63-A of the Constitution, parliament may be barred on the grounds of treason if “a vote or refusal to vote in the House against any directive issued by a parliamentary party, in relation to an election of Parliament; the prime minister or prime minister; the draft Constitution (amendment).
The article states that the head of the group must declare in writing that the MNA is affected but before issuing the declaration, the head of the group will “give such a member an opportunity to show why the declaration may not be made to him”.
After giving the member the opportunity to state their reasons, the party leader will forward the notice to the speaker, who will forward it to the Chief Electoral Commissioner (CEC). The CEC will have 30 days to verify the declaration. If approved by the CEC, a member “shall cease to be a member of the House and his or her seat shall be vacant”.
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