The Supreme Court dismissed a petition seeking disqualification of Pakistan Muslim League-Nawaz (PML-N) leader Ishaq Dar from the Senate for not taking oath due to his stay in London.

Dar was elected as a senator on technocrat seat from Punjab in 2018, but he did not take oath owing to his stay in London on health grounds.

The court dismissed the petition as the complainant, Nawazish Peerzada, failed to appear before the court, whereas, Dar has also been a no-show since the start of the proceedings.

The PML-N leader, who is in self-exile since 2017, was elected in absentia as a senator from Punjab in March 2018 but did not take oath due to his stay in London. On the petition, the Supreme Court on 12-03-2018 issued notices to Ishaq Dar to appear in person.

Reference seeking disqualification of Ishaq Dar filed in ECP

The apex court was informed on May 8, 2018 that Ishaq Dar cannot come to Pakistan on account of an ailment. In view of that, a three-judge bench, headed by Chief Justice Mian Saqib Nisar, suspended his membership over his failure to appear in court despite, repeated summons.

He, however, later informed the Election Commission of Pakistan (ECP) he was ready to take the oath but the only hurdle in doing so was the apex court’s suspension of his election.

Additional Attorney General Amir Rehman informed that the provision of the Election (Third Amendment) Ordinance, 2021 does not apply to Ishaq Dar as no notification has been issued so far. After today’s (Tuesday) ruling, the notification for Dar’s victory will be issued and he will be bound to take oath within 60 days as per the new ordinance issued by the government earlier this year.

The president of Pakistan on 03-09-2021 promulgated the Election (Third Amendment) Ordinance, 2021, wherein, 72A was inserted in the Election Act, 2017, which says; “The seat of a returned candidate shall become vacant, if he wilfully does not make oath within sixty days from the date of the first sitting of the Assembly, the Senate or the local government or with within forty days of the commencement of the Election (Third Amendment) Ordinance, 2021.”

This story was first published in the Business Recorder.