SC reinstates Adil Bazai's NA membership
1. Justice Shah questions whether ECP has authority to take notice of issue pending before civil court
Adil Bazai's National Assembly Membership Restored After Supreme Court Suspension of ECP Ruling
ISLAMABAD: Adil Bazai's membership in the National Assembly has been reinstated after the Supreme Court suspended the Election Commission of Pakistan's (ECP) ruling disqualifying him.
A three-member bench, led by Justice Mansoor Ali Shah, along with Justice Aqeel Abbasi and Justice Ayesha A Malik, heard the appeal against the ECP's decision. The Supreme Court has adjourned further proceedings until December 12.
Bazai, a lawmaker from Quetta, was disqualified by the ECP on November 21 at the request of National Assembly Speaker Sardar Ayaz Sadiq. In response, Bazai filed an appeal with the Supreme Court to challenge his disqualification.
The ECP's decision followed allegations by PML-N President Nawaz Sharif, accusing Bazai of defying party policy by supporting the opposition during the passage of the 26th Constitutional Amendment.
Today's Hearing
Bazai's disqualification by the ECP was under Article 63-A, according to Taimoor Aslam, counsel for the petitioner. Aslam argued that the ECP failed to conduct a thorough review of the facts and did not summon Bazai for an inquiry.
Aslam further pointed out that the issue of Bazai's affidavits was already being examined by a civil court, questioning the ECP's jurisdiction over the matter.
Justice Shah raised the issue of whether the ECP had the authority to take action on a case already pending in a civil court. He also noted that Bazai had submitted two affidavits, with Bazai claiming to have signed only one.
Justice Ayesha questioned whether the ECP had the power to initiate an inquiry into allegations of fraud, suggesting that the scope of the ECP's authority needed clarification before moving forward.
Justice Shah emphasized that the de-seating of an elected representative was a serious matter and required a thorough examination. Bazai had challenged the ECP's decision to remove him as the National Assembly member for NA-262 Quetta.
