ISLAMABAD: The Supreme Court on Tuesday adjourned hearing of a petition filed by former Senator Faisal Vawda against his disqualification till the first week of April.
A three-member SC bench comprising Chief Justice Umar Ata Bandial, Justice Syed Mansoor Ali Shah and Justice Ayesha A Malik heard the case filed by Faisal Vawda against the Election Commission of Pakistan (ECP) for disqualifying him for life over submission of false statements.
Vawda had filed a petition in the Supreme Court under Article 185 (3) of the Constitution for leave to appeal against the order of the ECP dated February 9 and a judgment of the Islamabad High Court dated February 16.
During the course of proceedings, the court refused to restrain the ECP from issuing a notification regarding PPP candidate Nisar Khuhro’s victory.
Advocate Waseem Sajjad counsel for Faisal Vawda had requested the court to hold the notification declaring his victory on the Senate seat, in an election held on March 9.
However, the ECP counsel said that the notification had not been issued yet.
Chief Justice Bandial said the victory of the candidate on the seat left vacant by Vawda was temporary.
He said the court would not delay the case. If the petitioner wanted to make Khuhro a respondent in the case then it should do so, he added.
To this, Waseem Sajjad said that Khuhro could himself file a plea to become party to the case. However, Justice Bandial responded that if they wanted to wait for Khuhro then it could take at least three to four weeks.
Waseem Sajjad said there was a delay in the process due to the SC’s stay order. At this, the court said that it did not stop anyone from issuing notifications.
The Chief Justice said that if Vawda lose the case then it would be akin to winning the jackpot for the victorious candidate elected on PTI leader’s seat.
He said that there were consequences of filing fake affidavits and violating the code of conduct. The ECP had powers under Section 9 of the Election Act and the court would review the clause used by the election commission to sack the former senator.
The ECP lawyer sought time to submit a response in the case and said that the notice was received a day ago and time was required to write a response.
The apex court granted request of the ECP counsel for time to submit its reply over the matter.