‘Absconder not barred from contesting polls’
Former finance minister Ishaq Dar on Saturday contended before the Supreme Court (SC) that no provision of law and constitution bars an absconder from contesting elections. “Having canvassed the amendments made to Article 63 of the constitution … there is no prohibition on a person who has been declared an absconder from contesting the Senate […]
Former finance minister Ishaq Dar on Saturday contended before the Supreme Court (SC) that no provision of law and constitution bars an absconder from contesting elections.
“Having canvassed the amendments made to Article 63 of the constitution … there is no prohibition on a person who has been declared an absconder from contesting the Senate elections. Accordingly, an appeal is liable to be dismissed,” the reply submitted by Advocate Salman Aslam Butt says, adding that after the enactment of 18th Amendment, there was no prohibition under the law that Dar could not contest for Senate elections.
“A person can only be debarred from contesting the elections if his case falls squarely within the strict scope of the qualification and disqualification stipulated by the constitution and by law. Since the law favours a liberal interpretation … therefore the writ petition was not maintainable,” the reply, submitted to the top court over the petition wherein Dar’s nomination papers for Senate elections had been challenged after Lahore High Court (LHC) had allowed him to contest, added.
The apex court had issued a notice to Dar over a plea against the LHC’s verdict to allow his nomination papers for the Senate election. The three-judge bench, headed by the Chief Justice Mian Saqib Nisar, questioned whether in the prevailing circumstances he would be eligible to contest elections.
Published in Daily Times, April 22nd 2018.
