P L D 2018 Supreme Court 366 (PLP)
ZULFIQAR AHMED BHUTTA and 15 others — Petitioners/Appellant Versus FEDERATION OF PAKISTAN through Secretary Minister of Law, Justice and Parliamentary Affairs and others — Respondents
| Citation | P L D 2018 Supreme Court 366 (PLP) |
| Forum / Court | High Court |
| Bench Members | Mian Saqib Nisar, C.J., Umar Ata Bandial and Ijaz ul Ahsan, JJ |
| Parties | ZULFIQAR AHMED BHUTTA and 15 others — Petitioners/Appellant Versus FEDERATION OF PAKISTAN through Secretary Minister of Law, Justice and Parliamentary Affairs and others — Respondents |
| Primary Law | Elections Act (XXXIII of 2017) |
Q1: What are the key laws and sections cited in P L D 2018 Supreme Court 366 (PLP)?
This judgment primarily cites: Elections Act (XXXIII of 2017) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2018 Supreme Court 366 (PLP)?
The case was heard and decided by the High Court bench comprising: Mian Saqib Nisar, C.J., Umar Ata Bandial and Ijaz ul Ahsan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2018 Supreme Court 366 (PLP) (ZULFIQAR AHMED BHUTTA and 15 others — Petitioners/Appellant Versus FEDERATION OF PAKISTAN through Secretary Minister of Law, Justice and Parliamentary Affairs and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Dr. Farough Naseem, Advocate Supreme Court, Faisal Farid Chaudhry, Advocate Supreme Court and Syed Rafaqat H. Shah, Advocate-on-Record for Petitioner (in C.P. No.38 of 2017).
- M. Ikram Chaudhry, Senior Advocate Supreme Court for Petitioner (in C.P. No.40 of 2017).
- Sardar M. Latif Khan Khosa, Senior Advocate Supreme Court, Ch. Akhtar Ali, Advocate-on-Record Assisted by Sardar Shahbaz Ali Khosa, Barrister Afzal Hussain, Malik Javed Iqbal, Syed Naz Gul Shah, Sardar Imran Rafique and Arshad Binyamin, Advocates for Petitioners (in C.P. No.44 of 2017).
- Saeed Khurshid Ahmed, Advocate Supreme Court for Petitioner (in C.P. No.45 of 2017).
- Khalid Abbas Khan, Advocate Supreme Court and Mehmood A. Sheikh, Advocate-on-Record for Petitioner (in C.P. No.47 of 2017).
- Dr. Babar Awan, Senior Advocate Supreme Court for Petitioner (n C.Ps.Nos.48 and 49 of 2017.
- Azhar Siddique, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioner (in C.Ps.Nos.50 and 54 of 2017).
- Malik Munsif Awan, Advocate Supreme Court for Petitioner (in C.M.Appeal No.244 of 2017).
- Salman Akram Raja, Advocate Supreme Court, Raja Zafar-ul-Haq, Chairman PML(N) assisted by Asad Ladha and Malik Ghulam Sabir, Advocates (on behalf of PML(N)] for Respondents
- Kamran Murtaza, Senior Advocate Supreme Court, Muhammad Usman Ansari, Deputy Secretary (Litigation) National Assembly for Respondent.
Headnotes / Summary
Ss. 203 & 232
Constitution of Pakistan, Arts. 17, 62, 63, 63-A & 184(3)
'Party Head' of a political party
Lack of qualification/ disqualification
Articles 62, 63 & 63-A of the Constitution created an integrated framework for ensuring that business of the Parliament was conducted by persons of probity, integrity and high moral character
Under Art. 63-A of the Constitution, the position of Party Head of a political party that had representation in, inter alia, the Parliament had a central role in the performance of duties by the Members of the Parliament
For rendering such a role, a Party Head must necessarily possess the qualifications and be free of the disqualifications contemplated in Arts. 62 & 63 of the Constitution
Provisions of Ss.203 & 232 of the Election Act, 2017 were, thus, liable to be read, construed and interpreted subject to the provisions of Arts.62, 63 & 63-A of the Constitution
Any person who suffered from lack of qualification under Art. 62 or disqualification under Art. 63 of the Constitution was debarred from holding the position of 'Party Head' by whatever name called and prohibited from exercising any of the powers provided in Art. 63-A of the Constitution, as 'Party Head' or any other power in the said capacity under any law, rule, regulation, statute, instrument or document of any political party
Such bar and prohibition shall commence from the date of disqualification and continue till such time that the lack of qualification/disqualification of such person continued in terms of the provisions of Arts. 62 & 63 of the Constitution
Supreme Court directed that all steps taken, orders passed, directions given and documents issued by respondent (Party Head' of a political party) as Party Head after his disqualification by a judgment of the Supreme Court on 28-07-2017 were declared to have never been taken, passed, given or issued in the eyes of the law, and that the Election Commission should remove the name of respondent as President/Party Head of his political party from all relevant record(s)
Constitutional petitions were allowed accordingly.
Judgment & Decree
MIAN SAQIB NISAR, C J.
The Preamble to the Constitution of the Islamic Republic of Pakistan, 1973 (the Constitution) provides that, "sovereignty over the entire Universe belongs to Almighty Allah alone, and the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust"; .... "wherein the State shall exercise its powers and authority through the chosen representatives of the people; wherein the principles of democracy, freedom, equality, tolerance and social justice as enunciated by Islam shall be fully observed"; .... "wherein shall be guaranteed fundamental rights, including equality of status, of opportunity and before law, social economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality".
2. Article 17 of the Constitution grants to every citizen the fundamental right to form associations subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order and/or morality.
3. An elected Parliament, adorned with the chosen representatives of people on the one hand and the rule of law on the other hand are the foundations of democracy under the Constitution. Articles 62, 63 and 63-A of the Constitution create an integrated framework for ensuring that business of the Parliament is conducted by persons of probity, integrity and high moral character. These conditions are enforced by Articles 62 and 63 of the Constitution by prescribing qualifications and disqualifications for membership to the Parliament.
4. All laws pertaining to the election to Parliament and to participation in the proceedings thereof are to be read subject to such constitutional provisions in the exercise of the rights guaranteed by Article 17 of the Constitution.
5. Under Article 63-A of the Constitution, the position of a Party Head of a political party that has representation in, inter alio, the Parliament has a central role in the performance of duties by the Members of the Parliament. For rendering such a role, a Party Head must necessarily possess the qualifications and be free of the disqualifications contemplated in Articles 62 and 63 of the Constitution.
6. The Election Act, 2017 empowers a Party Head to perform multifarious functions that have direct nexus with the process of elections to the Parliament and to matters relating to the affairs of political parties having parliamentary presence.
7. Therefore for detailed reasons to be recorded later, these Constitutional Petitions are allowed. It is held and declared that provisions of Sections 203 and 232 of the Election Act, 2017 are liable to be read, construed and interpreted subject to the provisions of Articles 62, 63 and 63-A of the Constitution.
8. As a consequence, it is declared that any person who suffers from lack of qualification under Article 62 or disqualification under Article 63 of the Constitution is debarred from holding the position of 'Party Head' by whatever name called and prohibited from exercising any of the powers provided in Article 63-A of the Constitution, as Party Head' or any other power in the said capacity under any law, rule, regulation, statute, instrument or document of any political party. Such bar and prohibition shall commence from the date of disqualification and continue till such time that the lack of qualification/disqualification of such person continues in terms of the provisions of Articles 62 and 63 of the Constitution.
9. As a result of the above declaration, all steps taken, orders passed, directions given and documents issued by Respondent No.4 as Party Head after his disqualification on 28.07.2017 are also declared to have never been taken, passed, given or issued in the eyes of the law. The Election Commission of Pakistan is accordingly directed to remove the name of Respondent No.4 (Mian Muhammad Nawaz Sharif) as President/Party Head of Respondent No.3 (Pakistan Muslim League (N)) from all relevant record(s) . MWA/Z-2/S Petition allowed.