Civil Appeal No.188 of 2019
15
.
Court despite being the highest Court of the land is not a
“Court of Law” within the meaning of Article 62(1)(f) of the
Constitution.
Surely
the
legislature
when
framing
the
Constitution (Eighteenth Amendment) Act, 2010 could not
have intended to introduce such a blatant and glaring
absurdity in as important a document as the Constitution of
the country.
18.
It was further held in the said case as follows:
“13. Where a misstatement or an inaccuracy or
concealment is established, the candidate/member would
always have the opportunity to offer an explanation. Such
explanation may or may not be found acceptable. Such is the
ratio of the judgment of this Court rendered in the case
reported as Sheikh Muhammad Akram v. Abdul Ghafoor and
19 others (2016 SCMR 733). In the said case, an Election
Petition filed before the Election Tribunal. In the proceedings,
it stood established that a criminal case registered against
the candidate was not mentioned in his nomination papers
as required. Such candidate offered an explanation which
was accepted by this Court by way of the aforesaid
judgment which is incidentally authorized by my learned
brother Qazi Faez Isa, J., and I too was a Member of the said
Bench. The said view i.e. in case of concealment,
discrepancy and misstatement in the nomination papers an
explanation thereof may be given by the candidate/member,
which may or may not be accepted by the court. And only, if
such explanation is found tenable no penal consequences
would follow. The question of “strict liability” does not arise
with regard to misstatements in the nomination papers. Such
view was also followed in the judgments of this Court
reported as Muhammad Siddique Baloch v. Jehangir Khan
Tareen and others (PLD 2016 SC 97) and Muhammad Hanif
Abbasi. v. Imran Khan Niazi and others (PLD 2018 SC 189).
No departure has been made by this Court in the cases
reported as Imran Ahmad Khan Niazi v. Mian Muhammad
Nawaz Sharif, Prime Minister of Pakistan/Member National
Assembly, Prime Minister’s House, Islamabad and 9 others
(PLD 2017 SC 265 and PLD 2017 SC 692). In the aforesaid
case, the concealment of assets in the nomination papers
filed by the Respondent in the said proceedings was
established through an admission. At no point of time any
explanation was offered, in this behalf. Therefore, the
question of accepting or rejecting such explanation did not
arise. Even in the Review Petition, no explanation was
offered. However, an oblique reference in hypothetical term
was only made. This aspect of the matter was dealt with
and adjudicated upon by this court in the judgment passed
on such review reported as Mian Muhammad Nawaz Sharif
and others v. Imran Ahmed Khan Niazi and others (PLD
2018 SC 1). Reference, in this behalf, may be made to para
11 of the said judgment. The relevant portion thereof is
reproduced hereunder:
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