LAHORE: A two-judge bench of the Lahore High Court (LHC) on Friday suspended the decision of an appellate tribunal which had disqualified former prime minister Shahid Khaqan Abbasi from contesting elections for life, and allowed him to contest the upcoming general election from his native constituency NA-57 (Murree).

The appellate tribunal comprising Justice Ibadur Rehman Lodhi at the Rawalpindi seat of the LHC had rejected Mr Abbasi’s nomination papers and declared him guilty of concealing facts. Justice Lodhi had declared that the former prime minister was not honest and sagacious (Sadiq and Ameen) and, therefore, was not eligible to become a member of parliament under Article 62 (1)(f) of the Constitution.

Justice Naqvi observes that the petitioner had been condemned unheard

Mr Abbasi was present in the courtroom when his counsel Khawaja Tariq Rahim told the two-judge bench that the appellate tribunal did not have the jurisdiction to act as a constitutional court.

He added that the tribunal had punished the petitioner without affording him an opportunity of hearing, which was a sheer violation of the fundamental right to a fair trial under Article 10-A of the Constitution.

Advocate Rahim pointed out that the petitioner was bound to mention the cost of his assets incurred upon establishment, which he had disclosed in the nomination papers.

Justice Syed Mazahar Ali Akbar Naqvi, head of the bench, observed that the petitioner had been condemned unheard in violation of various judgements of the Supreme Court and the Article 10-A of the Constitution.

The bench suspended further action on the appellate tribunal’s decision and allowed Mr Abbasi to contest the July 25 general election. It directed the counsel for the Election Commission of Pakistan (ECP) to convey the court’s order to the relevant returning officer for necessary action. It also directed the ECP to submit a reply to the petition by July 2.

Addressing the ex-PM, Justice Naqvi said the comments he had made after the verdict of his disqualification by the appellate tribunal were not appropriate.

Published in Dawn, June 30th, 2018