PESHAWAR: A lawyer here on Tuesday moved Peshawar High Court to seek directives for Election Commission of Pakistan to conduct dope test of all the MNAs and members of Khyber Pakhtunkhwa Assembly and disqualify them if they tested positive for any major drug.
Advocate Saifullah Muhib Kakakhel filed a writ petition also requesting the court to direct ECP to make arrangements for 2018 general elections as well as local bodies? polls to make it mandatory for a candidate to go through drug/ intoxicant test and submit it with the nomination forms.
The petitioner has also sought interim relief from the court, requesting that the court may direct ECP to initiate drug test of the elected members and denotify them if they are found positive for any major drug.
The respondents in the petition are: ECP through its chief election commissioner; National Assembly through its secretary; KP Assembly through its secretary; ministry of law, justice and parliamentary affairs through its secretary; all member of KP Assembly; and all the members of National Assembly.
The petitioner alleges that the members of the provincial assembly and National Assembly are mostly drug addicts and use intoxicants like alcohol, opium, heroin, charas, ice and other drugs in which a person is not in senses when it is consumed.
He states that the petition involves a question of public interest regarding Article 62 and 63 of Constitution in which the qualifications and disqualifications are elaborately discussed.
He claims that most of the MPAs and MNAs do not fulfil the criteria to become an elected member because of the reason that they are involved in major sins and do not follow Islamic injunctions.
He states that according to Article 62 (d) a person, who is of a good character and is not commonly known as one who violates Islamic injunctions, is qualified to become a member of parliament and provincial assembly. He adds that Article 62 (e) further clarifies that MPAs and MNAs shall have adequate knowledge of Islamic teachings and also practice obligatory duties prescribed by Islam as well as abstain from major sins.
The petitioner has quoted several verses of the Holy Quran and sayings of Holy Prophet Muhammad (PBUH), stating that consuming intoxicant is a major sin and those involved in it are not qualified to become members of parliament as well as provincial assemblies.
He contends that the practice of drug test will benefit the public at large and would also be in the interest of justice if this court directs ECP to initiate the practice. He states that the elected members, who are using intoxicants and major drugs, cannot raise voice for the rights of their constituency in the provincial and National Assembly.
Published in Dawn, August 16th, 2017