ISLAMABAD: While hearing the case against the rejection of PTI candidate's 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 to vote.
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 Umar Aslam's lawyer Barrister Ali Zafar, the opposite party and Election Commission officials appeared in the court.
Justice Mansoor asked why Omar Aslam's nomination papers were rejected. Is Omar Aslam an advertiser? On this, Ali Zafar said that Umar Aslam is on pre-arrest bail after obtaining protective security, one of his constitutional requests 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 the Election Commission said that a fugitive or an advertisement is guilty of violating the law, so he cannot contest the elections.
Justice Mansoor remarked that 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 to vote?
Justice Jamal Mandukhel said in his remarks that this decision will be made by the Election Commission, who is the advertiser or the courts?
Justice Athar Manullah said that the Election Commission is accountable to the people of Pakistan or to the candidates? The Election Commission has to answer to the people of Pakistan.
During the hearing, the Election Commission officials told the court that since the ballot papers have started to be printed, it will not be possible to change them. Justice Athar said that if the ballot papers have started to be printed, should the candidates be deprived of their basic rights?
Justice Mansoor said 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.