ISLAMABAD: The Supreme Court on Wednesday instructed aspiring candidates tosubmit an affidavit, detailing their assets, along with their nominationpapers.
A five-member bench, headed by Chief Justice of Pakistan (CJP) Mian SaqibNisar, resumed hearing of a petition filed by former National Assemblyspeaker Ayaz Sadiq challenging a Lahore High Court (LHC) verdict rejectingnomination papers, drafted by a parliamentary committee, for violatingArticle 62, 63 of the Constitution of Pakistan.
The LHC, on June 1, had ruled that the nomination form of candidates doesnot include mandatory information and declarations as required from theaspiring lawmakers by the Constitution and law, including details such astheir educational background, criminal record or if they are dual nationals.
The court had ordered the Election Commission of Pakistan (ECP) to ensurethat all mandatory information and declarations are part of the revisedForm A, the nomination form for election to an assembly or the Senate, andForm B, the statement of assets and liabilities. However, the top court, onJune 3, suspended the LHC’s order, asserting that the upcoming generalpolls will be held on July 25.
During Wednesday’s hearing, the ECP was also instructed during the hearingto prepare the affidavit. Contesting candidates will be bound to submitthe affidavit with the required information within three days.
Justice Azmat Saeed remarked that the federal government had delayed thematter in the high court for seven months. He said that the apex court hadannounced the verdict on the case in 2011.
“Why are you embarrassed in providing information to the public?” ChiefJustice Nisar remarked. “Why is the speaker [Sadiq] hesitant aboutrepresentatives of the public disclosing their information. Is there someinformation that Ayaz Sadiq wants to conceal?”
“People must know the integrity and varsity of the contesting individuals,”said the CJP.
The petitioner’s lawyer then responded that Sadiq did not want to keep anyinformation, to which Justice Nisar replied, “What is the fuss all aboutthen?”
The chief justice remarked that the LHC’s verdict could be upheld. “We wantto see which information is it that the NA Speaker is unwilling todisclose,” he said.
“Is it in the NA speaker’s jurisdiction to challenge the verdict of acourt?” the chief justice observed. He noted that according to the Article218 of the Constitution of Pakistan, conducting the elections was theresponsibility of ECP. “Any issue pertaining to the electoral nominationpapers is also covered by Article 218.”
“Why are the powers of ECP being reduced,” Chief Justice Nisar said, addingthat the apex court will uphold the LHC’s decision.
The bench remarked that it will constitute a special bench on “how toconduct elections”. Justice Nisar said that as “custodians of theConstitution”, the apex court wanted transparency in the process. Hefurther said the court shall seek information by exercising section 3 ofArticle 184.
The larger bench then ordered ECP to submit the content of the affidavit tothe Supreme Court within an hour’s time.