Supreme Court rules no law bars absconder from contesting election
Pakistan
The apex court gave ruling on Friday on the appeal of PTI's Umar Aslam against rejection of papers
ISLAMABAD (Dunya News) – The Supreme Court of Pakistan has said that contesting elections is the fundamental right and no one can be prevented from taking part in elections for being an absconder.
The apex court gave the ruling on Friday on the appeal of PTI leader Umar Aslam against rejection of his nomination papers.
A three-member bench headed by Justice Mansoor Ali Shah and comprising Justice Jamal Mandokhel and Justice Athar Minallah heard the appeal.
Justice Mansoor asked appellant’s counsel Barrister Ali Zafar why Umar Aslam's nomination papers were rejected. Is Umar Aslam an absconder?
Barrister Zafar submitted that Aslam was on pre-arrest bail; one of his constitutional applications to contest the elections was rejected while the other was approved.
Justice Mansoor raised the question that which law prevents a fugitive/absconder from contesting elections?
The counsel for Election Commission said that a fugitive/absconder is guilty of violating the law, so he cannot contest the elections.
Justice Mansoor remarked that contesting elections is a fundamental right. It is a punishment to deprive a person of his fundamental right by preventing him from taking part in elections.
How can one be prevented from participating in elections? Let the people of Pakistan elect their representatives, he observed.
He questioned which clause of Articles 17, 62 and 63 deprive a fugitive of the fundamental right to vote?
Justice Mandokhel asked who will decide whether a person is an absconder; court or the Election Commission.
Justice Minallah questioned the Election Commission is accountable to the people of Pakistan or to the candidates? It is answerable to the people of Pakistan, he observed.
The counsel for Election Commission submitted that printing of ballot papers has started and it is not possible to change them.
Justice Mansoor observed that the Election Commission should have known that cases would be filed in courts.
Later, the bench accepted the appeal and allowed Umar Aslam to contest elections.
TAHIR SADIQ
Meanwhile, the bench also allowed PTI leader Tahir Sadiq to contest election from National Assembly constituency NA-49 Attock.
Sadiq has filed an appeal against the Lahore High Court decision which rejected his nomination papers and the apex court overturned the decision.
