There is concept of repentance after mistake but mistake, sin will have to be admitted before offering repentance: CJP.
He gave these remarks while presiding over a five members Larger bench of Supreme Court (SC) during the course of hearing of determination of disqualification period under article 62-1/F case here Thursday. At the inception of hearing advocate Kamran Murtaza said he is not able to give arguments.
C JP inquired what has happened.
Kamran Murtaza said he was disturbed over the punishment awarded to Nehal Hashmi.
CJP inquired what decision has come.
Kamran Murtaza said Nehal Hashmi has been punished.
CJP remarked the decision is as per law. You please give the arguments.
Opening his arguments, Kamran Murtaza said if articles 62 and 63 are assessed together then disqualification under article 62-1/F will be for one term. The disqualified person can contest next election.
Justice Sheikh Azmat Saeed remarked as long as declaration is there, there will be dishonesty.
Kamran Murtaza said ' at the time of filing of nomination papers, declaration will be meant for character.
CJP remarked ' this has to be reviewed when the declaration will be applicable. If some one has been declared dishonest then how he will be honest after five days.
Kamran Murtaza said the concept of repentance is there too.
Justice Sheikh Azmat Saeed remarked 'will repentance take place after abusing in disqualification cases. Can there be any repentance after hurling abuses publicly.
CJP remarked ' judiciary is fully independent. Judiciary is independent internally too. There is procedure for repentance. But first of all mistake and sin will have to be admitted. The dishonesty will have to be admitted publicly. Some one says he has done nothing and injustice has been done with him. I am not talking about some one. I have made these expressions with reference to your talks about repentance.
CJP remarked first of all declaration be accepted. We repent daily. If we accept our mistake then we will be forgiven.
Kamran Murtaza said ' my client has offered repentance.
CJP remarked ' the counsel can not repent on behalf of client. Whosoever has to offer repentance should come before us. It will have to be proved through conduct that dishonesty has been changed into honesty.
The counsel for the petitioner said we have to see if the disqualification laid down in the constitution is for life time.
CJP remarked ' the US constitution is the smallest constitution in the world. We have to determine what will be the period for disqualification. Parliament maintained disqualification with under article 62-1.
Counsel for the petitioner said parliament did not make change because fear of religious elements was there.
CJP remarked ' you mean parliament had become fearful . Parliament is supreme.
The counsel for the petitioner said ' you can see what happened in Faizabad.
Justice Ejaz ul Ahsan remarked giving wrong statement by the candidate is giving wrong statement by him to his voters.
The petitioners said Iftikhar Cheema was disqualified but he has returned to parliament after contesting the election again.
CJP remarked ' re-election of Iftikhar Cheema has not been challenged in the court.
Babar Awan said one person says in Swat he does not recognize parliament. Government took action in Swat. This is insult to parliament that it was seized with fear at the time of introduction of 18th amendment.
CJP remarked elected representatives of people come in the parliament. Pakistanis are not a fearful nation. Therefore, its representatives cannot be cowards.
The hearing of the case was adjourned till Wednesday.
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|Publication:||The Messenger (Karachi, Pakistan)|
|Date:||Feb 2, 2018|
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