43% of the substantial
disqualifications in 2018/19 involved some form of tax misconduct, such as VAT fraud.
While this judgment is technically abiding by the law- although a strong case could be made for the senators considering Canadian nationalities cannot be revoked once granted- the application of such strict liability to the constitutional clause on
disqualification of parliamentarians' causes further confusion to the already messy law.
At the last hearing, Attorney General Ashtar Ausaf had told the bench that it was not the function of courts to say that the
disqualification under Article 62(1)(f) of the Constitution was for life or to give any timeline.
Meanwhile, in compliance with the Supreme Court's order, renowned lawyer Chaudhry Faisal Hussain has furnished his written submissions, wherein he suggested that parliament is the right forum to determine the time and duration regarding
disqualification of parliamentarians under Article 62(1)(f) of the Constitution.
A five-member bench of the apex court, headed by Chief Justice Saqib Nisar and comprising Justice Sheikh Azmat Saeed, Justice Umar Ata Bandial, Justice Ijazul Ahsan and Justice Sajjad Ali Shah, has taken up 17 appeals against the
disqualification of lawmakers.
Early this year, the SC voted 13-0 to dismiss the
disqualification cases with a ruling that the pardon given to former President Estrada by former President Gloria Macapagal Arroyo on his plunder conviction in 2007 was "absolute."
THE Supreme Court verdict seeking immediate
disqualification of lawmakers who have been convicted with a jail term of two years or more in a criminal case is unlikely to change anytime soon.
Mr Hawes, 'Since the introduction of the Insolvency Act 2000 (on April 1, 2001), the
disqualification of company directors by undertaking, rather than by court order, is continuing to grow in popularity, delivering a massive boost to making the
disqualification of directors a more straightforward, quicker and cost-effective process.'
The new report, which is being presented to the Government, found that the service had improved in ensuring unfit company directors were banned under the Company Directors
Disqualification Act 1986.
The new regulations do, however, provide relief from
disqualification if a timely corrective distribution is made to the participant.
In May this year, the CMA secured legally binding
disqualification undertakings from Robb Simms-Davies (former director of JLL group of companies), Trevor Hall (former director of Cube Interior Solutions Ltd, part of the Fourfront Group) and Oliver Hammond (former director of Area Sq.
At this point, the
disqualification of Daniyal Aziz on a never before seen move makes it very suspicious.