ISLAMABAD: The Pakistan Tehreek-i-Insaf (PTI), which usually prefers to quote the decision of the dissenting judges in the Panama Papers case judgement, on Tuesday referred to the majority ruling to emphasise that Article 62 of the Constitution, which deals with the disqualification of parliamentarians, should only be invoked when there is a clear breach of law.
Naeem Bokhari, who represents PTI chief Imran Khan, referred to Justice Sheikh Azmat Saeed’s observation that Article 62(1)(f) could not be allowed to be used as a tool for political engineering by the Supreme Court, nor should it arrogate to itself the power to vet candidates on moral grounds.
“Under our constitutional dispensation, Pakistan is to be governed by the representatives chosen by the people and not chosen by any institution or a few individuals,” Justice Saeed had said in the judgement.
Similarly, the counsel recalled Justice Ejaz Afzal Khan’s remark that the court did not feel inclined to arrogate to itself a power or exercise a jurisdiction which had not been conferred on it by any act of parliament or even by Article 184(3) of the Constitution, which deals with the enforcement of fundamental rights.
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