Supreme Court Chief Justice Umar Ata Bandial said on Tuesday that Pakistan People’s Party (PPP) nominee’s victory on the Senate seat left vacant after the disqualification of Pakistan Tehreek-e-Insaf (PTI) leader Faisal Vawda was “temporary”.
The top judge made these remarks while hearing a case filed by Vawda through his counsel Wasim Sajjad against the Election Commission of Pakistan (ECP) for disqualifying him for life over submission of false statements to the watchdog. During the hearing, the court refused to restrain the ECP from issuing a notification regarding PPP candidate Nisar Khuhro’s victory. The PTI leader’s counsel had requested the court to hold the notification declaring his victory on the Senate seat, in an election held on March 9. However, the ECP counsel said that the notification had not been issued yet. CJP Bandial said the victory of the candidate on the seat left vacant by Vawda was “temporary”. He said the court will not “delay the case” and added that if the petitioner wanted to make Khuhro a respondent in the case then it should do so.
To this, Vawda’s lawyer said that Khuhro could himself file a plea to become party to the case. However, Justice Bandial responded that if they wanted to wait for Khuhro then it could take at least three to four weeks.
Sajjad said there was a delay in the process due to the SC’s stay order. At this, the court said that it did not stop anyone from issuing notifications.
The CJP further added that, “If Vawda loses the case then it will be akin to winning the jackpot for the victorious candidate [elected on PTI leader’s seat].” The top judge added that there were consequences of filing fake affidavits and violating the code of conduct. The SC judge said the ECP has powers under Section 9 of the Election Act, adding that the court will review the clause used by the election watchdog to sack the former senator. The ECP lawyer sought time to submit a response in the case, adding that the notice was received a day ago and time was required to write a response.
During the last hearing on March 1, the apex court had turned down Vawda’s request to suspend the Election Commission of Pakistan’s (ECP) decision regarding his lifetime disqualification under Article 62(1)(f) of the constitution. It had also turned down his counsel’s request to put the March 9 Senate seat election on hold. Chief Justice Bandial had said the top court would consider the petition submitted by the PTI leader as it raised questions over ECP’s powers. “The important aspect of this case is the jurisdiction of the ECP,” the apex court had said, noting that the bench would consider whether the ECP had the authority to disqualify elected lawmakers for life.
