The outgoing Prime Minister of Pakistan Shahid Khaqan Abbasi has been disqualified from contesting elections from his National Assembly constituency, NA-57 in Murree, for life.
The eight-page verdict against Abbasi on Wednesday said the former premier breached Article 62(1)(f) of the constitution and hence was not sadiq and ameen [truthful and honest].
While Abbasi has decided to challenge the verdict against him in the Lahore High Court, the decision appears to be a further example of the law being used to sideline politicians in Pakistan.
The Article 62(1)(f) says: “A person shall not be qualified to be elected or chosen as a member of (the Parliament) unless: he is sagacious, righteous and non-profligate, sadiq and ameen, there being no declaration to the contrary by a court of law.”
Two sub-clauses before it, 62(1)(d and e) declare that anyone who “violates Islamic Injunctions” is “sinful”, or does not practice “obligatory duties prescribed by Islam” or does not have “adequate knowledge of Islamic teachings” will not be ineligible for the Parliament as well.
Legal clauses keep civilian leaders on a leash
While the original 1973 Constitution of Pakistan did not have Islamic provisions in Articles 62 and 63, which cater to the eligibility of the parliamentarians, the Islamist clauses were added under the military dictatorship of Zia-ul-Haq in the 1980s. Politicians and legal experts perceive the impossible standards set in these clauses as the military’s design to keep the civilian leadership on a leash.
Nawaz Sharif was ousted after being found to have breached Article 62(1)(f). The former premier maintained that the verdict against him was part of an Army-judiciary alliance to undermine Parliamentary supremacy.
In addition to Nawaz Sharif and Shahid Khaqan Abbasi, another Pakistan Muslim League-Nawaz (PML-N) leader Khawaja Asif, who served as the foreign and defense minister in the outgoing government, had also been disqualified by the Islamabad High Court. The decision against Asif, however, was overturned by the Supreme Court.
Similarly, Jehangir Tareen, a leader of the Pakistan Tehrik-e-Insaf (PTI), a party believed to have the backing of the military was disqualified under Article 62(1)(f).
Even so, while the Constitution doesn’t mention the duration of the disqualification, in a crucial decision in April the Supreme Court of Pakistan ruled that anyone found guilty of breaching the clause would be banned from the Parliament for life.
The inertia against the clauses being removed through amendments has been maintained by the political parties’ own resistance to such changes. Among those that have opposed the amendment in the past is the PML-N itself.
‘Fear of riots, Army resistance hindered changes’
Leaders of the PML-N, PTI and the Pakistan People’s Party (PPP) have all vowed to amend the Constitution to remove these provisions when talking to Asia Times. However, the reality is that no government in power has been able to touch the Islamic clauses.
Senior PPP leader Farhatullah Babar, a staunch critic of the clauses, says they are too wide-ranging and open to arbitrary interpretations, and hence need to be amended.
“Who is ‘sagacious and righteous’ and who is not, is likely to be determined by who is sitting in judgment and who is being judged, instead of any hard and objective criterion,” he said.
“For the first time, this article has been invoked to disqualify some political leaders from contesting elections. It is not hard to imagine a floodgate of petitions opening against rival candidates.”
Lahore High Court advocate and legal analyst Shoaib Saleem said the Islamist clauses were used time and again with a clandestine understanding by the establishment and judiciary.
“And these are always used selectively. Like [Awami Muslim League chief] Sheikh Rasheed is sadiq and ameen despite the fact that he admitted a misdeclaration of assets but said it happened mistakenly,” Shoaib told Asia Times.
Farhatullah Babar said that while Zia introduced the changes to keep a check on civilian politicians the resistance of right-wing parties has prevented the clauses being amended.
“The rightists in Pakistan have been defending this law in the name of faith and religion. The secular political parties got a chance to amend it at the time of 18th Constitutional Amendment in 2010. A historic opportunity had presented itself before them,” he said. “However, unfortunately, a major political party, namely the PML-N, refused to amend these articles… Eight years down the line the PML-N leadership itself has become a victim of this perverted law.”
Meanwhile, Shoaib Saleem believes that the resistance against the amendment also comes from the Army leadership.
“[The resistance to change is] because allegedly Islam will be in ‘danger’ and [the] vote bank of political parties will get damaged. There will also be a fear of public riots by religious parties. And [the military establishment] will resist this initiative,” he said.
This clauses should be remained in the constitution. But court should be vigilant about the misuses of these clauses.
I dont know who "they" are. Countries relations are built on ‘mutual trust’. China and Pakistan have had that since last 70 years without a break. I think its an example to emulate for the rest of the region.
Ivor Large China being the closest friend to Pakistan proven through trials and triumphs spread across the history, I dont know why certain loose-loose mentality players would propogate sheer deceit like ‘Chinese takeover of the world’. Simply put China and Pakistan know and trust each other intimately, they have mutual interests that certainly some third party actors (and who are they? you as well know) they will not like that till they start believing in win-win approach. India needs to built ties and end the regional animosities.
Ha ha ha. Every state needs army but
In Pakistan army needs a state. Government, judiciary and administration is farce in Pakistan as it can hardly move with direction from army.
You forgot to mention the Chinese takeover… Belt and Road….
Georgio Hein Needs to root out corruption forst and foremost, then work out who are foreign friends and enemies
Well an independent judiciary is important. Look at Malaya, once he got voted out the ‘independent’ judiciary was on him like a rash.
Just a shame he wasn’t impeached while he still ruled.
Well said. The solution is obvious and internal.
Yeahlike they want to swap the USA for China…. they know how CCP treats Tibet and E Turkmenistan
Let me ask a simple question. Is there any article in Constitutions of USA, UK or even India that gives blanket cover to corrupt politicians and allows them institutionalised and planned financial corruption. If the answer is No then let me ask another question. Does the Constitutions (and judicial / legal course as well) of USA, UK and India protects the corrupt politicians from any punishment for being involved in corrupt practces. If the answer is No then please do not interfere in our matters. Constitutional provisions in our Country are not controversial at all. Politicians being legally proceeded with are involved in misuse of their official seats by involving in corrupt practices. Moreover, do not drag Army in this affair.
stop blaming for everyhting on militray. this fashion of crticising for everything on militray is rife in Pakistan media but it is the incompetency, corruption and poor governance of the politicians, is the main cause of what is happening to the politicians. article states that…." the Islamist clauses were added under the military dictatorship of Zia-ul-Haq in the 1980s." but the writer convinetly ignored the fact that it was Nawaz Sharif who decided to keep this cluase in the consitution in the 18the constitutional amendments Their disqualifications are the result of interpretation of these cluases by the supreme court.. but this writer sees everything is done by the militray and his only source reference is "it is believed" paranoid fool
While I dont believe there is any significant law and order situation in Pakistan. Neither are there significant protests or riots. The judiciary is rightly taking upon corruption, while the military (albiet to some extent questionably) stands as a guardian to the nation. However, I much agree that Pakistan need to establish an "independent" foreign and domestic policy, first and foremost "adequately" charge any US supply lines to foreign nations including Afghanistan. Improve its governance and decision making.
While not likely to happen, but Pakistan and India simultaneously need to realize that the great powers (UK, USA) have been abusing the two countries which share a blood-bond and yet are at throats of each other.
The conflict between these two nations is at the heart of the entire region I contend. Once these historical-bonds are reopened peace will spread like a wildflower to the larger region including China. Needless to say, no power who may it be, US / UK / Europe, could even fathom to manipulate or abuse them. United they mean a lot, divided they are nothing.
Pakistani leaders must listen to the people, to avoid riots. The economic situation due to corruption must be addressed properly, not only talk. The ISI and the military should insist to cut of the US Supply lines to Afghanistan through Pakistan. The Pakistan friendship with the US and their assistance in the war on terror has killed and injured thousands in Pakistan. The financial impact has been huge too, estimated to $100 BILLION in lost revenues.
US has responded by insults, threats, and jumped fence to be friends with India.
Furthermore, Pakistan should stop allowing foreign companies to run important telecom infrastructure. It is a national security risk! The Norwegian Telecom company, Telenor (an alleged CIA front), is making a FORTUNE. Telenor make 40% of the Revenues in Pakistan! India and Russia have kicked Telenor out, Pakistan and Bangladesh should not give licenses to foreign companies to operate communication infrastructure. Other FDI is great, but not investment in electronic infrastructure.