MR. JUSTICE ABDUL HAMEED DOGAR, HCJ MR. JUSTICE FAQIR ...
MR. JUSTICE ABDUL HAMEED DOGAR, HCJ MR. JUSTICE FAQIR ...
MR. JUSTICE ABDUL HAMEED DOGAR, HCJ MR. JUSTICE FAQIR ...
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CONSTITUTION PETITION NO. 1 OF 2008<br />
AND CMA NO. 994 TO 996 OF 2008 22<br />
recapitulated the events of the Pakistan’s recent political history in<br />
great detail but paid a little attention to the question of enforcement<br />
of the fundamental rights. He contended that the Court sufficed by<br />
making the following discussion on the issue: -<br />
“Article 17 clearly allows a citizen to have the right to form<br />
associations or unions subject to any reasonable<br />
restrictions imposed by law. Similarly, every citizen not<br />
being in the service of Pakistan, has the right to form or be<br />
a member of political party, subject to any reasonable<br />
restrictions imposed by law in the interest of the<br />
sovereignty or integrity of Pakistan. In this context, we are<br />
reminded of the following observations made by this Court<br />
in Mian Muhammad Nawaz Sharif’s case at page 558 while<br />
interpreting Article 17 of the Constitution: -<br />
“This approach was again in evidence in the<br />
Symbol’s case (PLD 1989 SC 66) wherein it was<br />
observed that the ‘Fundamental Right’ conferred by<br />
Article 17(2) of the Constitution whereby every<br />
citizen has been given ‘the right’ to form or to be a<br />
member of a political party comprises the right to<br />
participate in and contest and election.”<br />
The learned counsel submitted that having noted the above<br />
interpretation of Article 17, the Court held as under: -<br />
“There is no cavil with the proposition laid down by this<br />
Court that every citizen has a right to contest election but<br />
the principle enunciated therein does not confer an<br />
unbridled right on every citizen to contest an election. The<br />
right to contest an election is subject to the provisions of<br />
the Constitution and the law and only those citizens are<br />
eligible to contest election who possess the qualifications<br />
contained in Article 62 and the law including the law<br />
made under Article 62(i) and do not suffer from<br />
disqualifications laid down in Article 63 of the<br />
Constitution and the law.”<br />
17. The learned counsel for the petitioners submitted that<br />
soon after the decision of PML (Q)’s case, Article 17 again fell for<br />
consideration in Javed Jabbar’s case where the Court returned a<br />
different finding on somewhat similar issues. It may be recalled that<br />
by amending the Chief Executive’s Order No. 7 of 2002, Article 8-AA
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