Contesting election is fundamental right: SC

Islamabad: While hearing the case against the rejection of Pakistan Tehreek-e-Insaf (PTI) candidate's nomination papers in the Supreme Court, Justice Mansoor remarked that participation in elections is a fundamental right, and a person is being punished by depriving them of the fundamental right of contesting aelections.

According to the details, a three-member bench headed by Supreme Court judge Justice Mansoor Ali Shah, comprising Justice Jamal Mandukhel and Justice Athar Minullah, heard the appeal against the rejection of PTI leader Umar Aslam's nomination papers, in which his lawyer Barrister Ali Zafar, the opposite party and Election Commission of Pakistan’s (ECP)officials appeared in the court.

Justice Mansoor asked why Umar Aslam's nomination papers were rejected, if he is a proclaimer. On this, Ali Zafar said that Umar is on pre-arrest bail after obtaining bail before arrest. One of his constitutional appeal to contest the elections was rejected and the other was approved.

Justice Mansoor raised the question that which law prevents a fugitive or an admiral from contesting elections. On this, the lawyer of Election Commission said that a fugitive or a proclaimer is guilty of violating the law, therefore he cannot contest the elections.

Mansoor Ali remarked: “Participation in elections is a fundamental right, a person is being punished by depriving the fundamental right of elections, how can one be prevented from participating in elections. Let the people of Pakistan decide for the elected representatives, which clause of Article 17, 62 and 63 deprives a fugitive of the fundamental right”

Justice Jamal Mandukhel said in his remarks that whether ECP will decide that who is the proclaimed offender or the courts.

Justice Athar Minullah stated if the Election Commission is accountable to the people of Pakistan or to the candidates. It has to answer the people of Pakistan.

During the hearing, the ECP officials told the court that since the ballot papers have started to be printed, it will not be possible to change them.

Justice Athar replied that if the ballot papers have started to be printed, should the candidates be deprived of their basic rights.

Justice Mansoor added that the Election Commission should have known that cases would come in the courts.

Later, the court accepted Umar Aslam's request and allowed him to contest the election.