Oath through a video link: LHC overrules registrar’s office objection to Ishaq Dar plea

Oath through a video link: LHC overrules registrar’s office objection to Ishaq Dar plea

Staff Reporter
March 7, 2022

Oath through a video link: LHC overrules registrar’s office objection to Ishaq Dar plea

Justice Muzammil Akhtar Shabbir of the Lahore High Court on Monday overruled Registrar’s office objection to the petition of PML-N senator Ishaq Dar, who has been living in self-exile abroad, seeking directions to the senate chairman to allow him to take oath through a video link.

Dar, who at present lives in London, has approached the court through his special attorney Muhammad Yasin Baig. However, the Registrar’s office put an objection to it that Dar’s affidavit was not annexed with the petition.

Justice Shabbir took up the petition as an objection case and overturned it, directing the office to fix the petition for regular hearing.

In the petition filed through Advocate Salman Aslam Butt, the former finance minister contended that he was elected senator on a seat of technocrat from Punjab in election held on March 9, 2018. The counsel said the election of Dar was challenged at various stages culminating into proceedings before the Supreme Court wherein his notification as returned candidate was suspended.

He stated the petitioner was prevented under the law from taking oath as senator and assuming his office.

He argued that the apex court finally dismissed the petitions against Dar’s election on Dec 21, 2021 and the Election Commission of Pakistan (ECP) restored his notification as returned candidate on Jan 10, 2022.

Dar remained out of the country, undergoing medical treatments, during the whole episode from his election as senator till the decision of the apex court, the petition stated, adding that the medical conditions does not allow the petitioner to return to the country to take oath of his office.

He pointed out that the chairman of the senate is empowered to nominate any other person to administer the required oath to a returned candidate unable to appear before the chairman for good cause.

However, he pleaded, the chairman dismissed a written request of the petitioner in this regard.

He argued that a person specific amendments was made in the Election Act 2017 in the year 2021, through promulgation of an ordinance which stipulated a time limit for the taking of the oath by a returned candidate of the Parliament, failing which the seat of such candidate is liable to become vacant. However, the said application of the Ordinance to the petitioner is squarely unconstitutional because at the time of the petitioner’s election to senate in 2018, there was no time bound requirement on elected persons to take oath.

Dar asked the court to set aside the decision of the chairman senate and order him to make suitable arrangements so as to permit the petitioner to take oath by virtually using electronic means.