Supreme Court reinstates Adil Bazai as MNA, overturns ECP’s decision
In a landmark judgment, the Supreme Court of Pakistan has reinstated Adil Bazai as a Member of the National Assembly (MNA), overturning the Election Commission of Pakistan’s (ECP) decision to disqualify him. The ruling was delivered by a three-member bench headed by Justice Mansoor Ali Shah, who raised serious concerns about the ECP’s procedural approach.
Bazai, a lawmaker from Quetta, was de-seated by the ECP under Article 63-A following a petition by Pakistan Muslim League-Nawaz (PML-N) President Nawaz Sharif. The petition alleged that Bazai voted against party lines. The ECP’s decision came swiftly, with proceedings initiated the day after the matter was brought to its attention.
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During the hearing, the Supreme Court highlighted several flaws in the ECP’s actions. Justice Ayesha Malik questioned the lack of a proper inquiry, asking, “What investigation did the commission conduct to verify the facts in the Bazai case?” Justice Aqil Ahmed Abbasi criticized the practice of disqualifying a lawmaker based on a letter from a higher official, calling it unacceptable.
Justice Mansoor Ali Shah underscored the gravity of disenfranchising an entire constituency, emphasizing that the criteria for such decisions must be stringent and well-founded.
Bazai’s lawyer, Sardar Taimoor, argued that the ECP had acted without adequate documentation. He explained that they had approached the Balochistan High Court to obtain a sworn affidavit that allegedly proved Bazai’s affiliation with the PML-N, but the ECP had classified these documents as confidential.
The court also scrutinized the ECP’s handling of conflicting affidavits. Justice Ayesha Malik questioned the Director General of Law from the ECP, asking why one affidavit was accepted as valid while another was dismissed without a proper inquiry. “Can the ECP simply reject one affidavit and accept another without verification?” she inquired.
Justice Shah further questioned whether the ECP had overstepped its authority by acting as a trial court in such cases, asking, “What law grants the ECP the power to conduct a trial in this context?”
Unsatisfied with the ECP’s explanations, the Supreme Court declared the disqualification of Bazai null and void. A short order was issued to reinstate Bazai as MNA for NA-262 Quetta. The ECP was directed to suspend its notification of Bazai’s de-notification until the court delivers its detailed judgment.
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