ISLAMABAD: The federal government has sought an early hearing of an appeal challenging the election of Pakistan Muslim League-Nawaz leader Ishaq Dar to the Senate and urged the Supreme Court to allow it to become a necessary party in the matter. It has acquired completely different legal dimensions in view of the recently issued ordinance.
Deputy Attorney General Syed Naib Hasan Gardezi filed an application before the top court on Tuesday, requesting the court to allow the federal government to become a party to the case.
The notification of senator-elect Ishaq Dar to become a member of the upper house of parliament for failing to appear before the top court, despite repeated summons, was suspended on May 9, 2018, the apex court informed. did. This was done so that Mr. Dar could not come to Pakistan due to some illness. Consequently, a three-judge SC bench headed by then Chief Justice Mian Saqib Nisar suspended the notification and adjourned the hearing after the 2018 Eid holidays.
SC urges to fix matter for early hearing due to recently issued ordinance
The top court on March 12, 2018, hearing an appeal filed by Mohammad Nawazish Ali Pirzada against the decision of the Lahore High Court, issued the suspension order allowing Mr Dar to contest the Senate elections. Mr. Pirzada argued that after Mr. Dar was declared a fugitive by an accountability court on December 11, 2017, he failed to appear in the trial in connection with corruption to contest elections under Articles 62 and 63 of the Constitution. For. was not entitled. He argued that if one fugitive was allowed to contest, the entire system would be affected.
However, Mr. Dar’s counsel in one of the counter arguments had sought dismissal of the appeal as not maintainable and against the provisions of the Constitution.
In the latest application, the federal government requested the Supreme Court to decide the matter expeditiously in the interest of justice and allow the applicant (the federal government) to participate in the proceedings as a party, although the government is not a party. . Was. First round of litigation before the LHC.
The government argued that since the requirement of interpretation of the Constitution involved a pure question of law, the applicant as a legal officer was a necessary and proper party to the equitable adjudication of the pending case.
The petition referred to Peerzada’s appeal against the court’s permission granted to Dar to contest the Senate elections from a technocrat seat in Punjab.
The government argued that Ishaq Dar was a fugitive as he had not returned to Pakistan since 2018 despite the Supreme Court order.
The court was apprised that President Arif Alvi had published the Elections (Third Amendment) Ordinance 2021 (Ordinance No. XX of 2021) on September 2 in the Gazette of Pakistan on September 3, 2021, which contained Section 72-A of the Election Commission. Work. to be done. , 2017.
This section provides that the seat of an elected candidate shall become vacant if the elected member does not knowingly take the oath within 60 days from the date of the first meeting of the Assembly, the Senate or the local government, or within 40 days from the commencement of the election. of meeting. Of the ordinance.
Some legal observers are of the opinion that the ruling party has taken the move in an attempt to elect Finance Minister Shaukat Tarin as a senator on a seat that may fall vacant as a result of the ordinance.
In its application, the government argued that after the promulgation of the ordinance, the issue before the court had acquired a different legal dimension; Further, being a law officer and a citizen of Pakistan, the applicant also acquired sufficient legal interest to become a party to the case.
Due to the willful absence of Ishaq Dar, the applicant argued, since then Punjab was under-represented in the Senate, adversely affecting the rights of the people of Punjab. Therefore, it would be in the interest of justice that civil appeals be heard at the earliest so that the operation of the law is not affected, the federal government said.
Published in Dawn, October 6, 2021