Suspension of Senate membership of Dar: Federal govt urges SC to withdraw order

ISLAMABAD: The federal government requested the apex court to withdraw its order suspending the Senate membership of Pakistan Muslim League-Nawaz (PML-N) leader Ishaq Dar in May 2018.

An application submitted on Tuesday through Deputy Attorney General Nayab Gardezi, stated that in the wake of promulgation of the Elections (Third Amendment) Ordinance, 2021, the issue before the court has acquired an altogether different legal dimension. It said that the Supreme Court on 12 March 2018 issued notices to Ishaq Dar to appear in person.

On 8 May 2018, the apex court was informed that Ishaq Dar cannot come to Pakistan on account of ailment.

In view of that the Court suspended the notification regarding the election of Ishaq Dar. The petition said that Ishaq Dar is a proclaimed offender/absconder and despite the apex court directions has not returned to Pakistan since 2018. It added that on 3rd September 2021, the president promulgated the Election (Third Amendment) Ordinance, 2021, wherein, 72A was inserted in the Election Act, 2017, which says; "The seat of a returned candidate shall become vacant, if he willfully does not make oath within sixty days from the date of the first sitting of the Assembly, the Senate or the local government or with within forty days of the commencement of the Election (Third Amendment) Ordinance, 2021 ..."

The petition said that the Punjab province has since been under represented in the Senate on account of willful absence of Ishaq Dar thus, adversely affecting the rights of the people of the Punjab. Therefore, it would be in the interest of justice that the civil appeal may graciously be heard at the earliest date, so that operation of law may not be affected.

Earlier, PML-N Senator Ishaq Dar informed the Election Commission of Pakistan (ECP) that he was ready to take oath as a member of the upper house of parliament but the only hurdle in doing so was a Supreme Court suspension order of May 2018. The announcement from the PML-N's former finance minister came amid efforts by the government to de-seat Dar, so that Shukat Tarin, who is the incumbent finance minister, can become a senator.

Copyright Business Recorder, 2021