Skip to main content

Can Supreme Court of Pakistan Disqualify a Parliamentarian

The answer is yes. Because Supreme Court of Pakistan is the interpreter of all statutes including the constitution in Pakistan. Similarly the Supreme Court of Pakistan is the top most court of Pakistan. It has powers to hear appeals, references, revisions and it can take up any matter of public importance under the provisions of Article 184(3) of the constitution.

There is system of Bicameral Legislature in Pakistan. Parliament comprises of the Senate, National Assembly and the Provincial Assemblies. There have been number of cases in which the Supreme Court of Pakistan has disqualified the parliamentarians in recent decades.

Originally the jurisdiction to disqualify a member of parliament rests with the Election Commission of Pakistan. However, if a parliamentarian is involved in any offense by virtue of which he does not qualify to be a member of parliament under the provisions of Article 62 and 63 of the Constitution then Supreme Court can directly disqualify such member.

There is nothing binding on the Supreme Court of Pakistan while interpreting the constitution. An argument is that the Supreme Court of Pakistan is not a trial court and it cannot convict an accused. However, a counter argument to that can be that there is nothing written anywhere that Trial of accused is mandatory for convicting it, especially in cases of partial of complete confession.

For more, you can consult omara.khan789@gmail.com or call +923123450006

Comments

Popular posts from this blog

Co-sharer

Possession of one co-sharer in possession of all . 1998 MLD 857, 1857; 2006 YLR 831; 2008 SCMR 661, 616; 2008 SCMR 905. Co-sharer to establish right of co-heirship . 2008 MLD 278.  For  more , you can consult omara.khan789@gmail.com or call +923123450006

2013 S C M R 587

Rule that no limitation ran against a void order was not an inflexible rule --- Party could not sleep over to challenge a void order and it was bound to challenge the same within the stipulated/Prescribed time period of limitation from the date of knowledge before the proper forum in appropriate proceedings --- Appeal filed before the Appellate Tribunal was admittedly time-barred, and was rightly dismissed as being hit by limitation and no sufficient cause for condonation of delay was found --- High Court agreed with the order of Appellate Tribunal --- Supreme Court had affirmed concurrent findings recorded by fora below --- Review petition was dismissed in circumstances. For  more , you can consult omara.khan789@gmail.com or call +923123450006

Entrustment of property and dishonest misappropriation of entrusted property

  PLJ 2026 SC 96 [Appellate Jurisdiction] Present:   Sardar Tariq Masood and Mazhar Alam Khan Miankhel, JJ. AYESHA TAYYAB--Petitioner versus STATION HOUSE OFFICER, POLICE STATION CANTT.DISTRICT SIALKOT, etc.--Respondents C.P. No. 1575 of 2024, decided on 22.5.2025. (On appeal against the order dated 08.03.2024 passed by the Lahore High Court, Lahore in Writ Petition No. 1684 of 2024) Criminal Procedure Code, 1898 (V of 1898)-- ----S. 406--Constitution of Pakistan, 1973, Art. 199(1)(a)(ii)--Criminal Procedure Code, 1898 (V of 1898), S. 561-A--Quashment of criminal proceedings and Quashment of FIR--Entrustment of property and dishonest   misappropriation   of   entrusted   property--“Qarz-e-Hasna”--Amount was handed over as a loan/trust--High Court observed that no offence under section 406 PPC was made out from contents of FIR and proceeded to quash same under its constitutional jurisdiction conferred by Article 199--Contents of FIR determine whether a cogni...