An official of ECP said that ECP did not receive any fresh asset returns from parliamentarians whose memberships were suspended. Normally, it takes two days to scrutinise returns before restoration of membership of parliament, he added.
He said that the membership of parliament have been suspended by ECP through notifications under the representation of people act, article 42 (a). The suspended members can not sit in parliament and cast their vote in favour or against any legal document presented in parliament. Chairmen of Standing Committees of Senate, National Assembly, and Provincial Assemblies have also been directed not to allow these members in their sessions.
General (Retd) Pervez Musharraf had promulgated ECP Ordinance in 2002. The law is binding on the public representatives to declare details of their assets. The rationale is to make those representatives accountable to the public. Anyone from the public may contact ECP with proof that false assets have been declared. In case of non-compliance, certain punishment may be recommended under the law. He or she may face three years of imprisonment or fine or both. If it is proved that false asset statement has been filed, then he/she may be disqualified for five years from contesting elections.
He said that the same ruling of ECP does not apply to ministers. The functions of ministers are not frozen as it has direct impact on the official engagements of ministries and other government departments. However, as members of parliament, they can not attend any session of parliament or participate in law making process.
However, the legal fraternity has a different point of view. Senior constitutional lawyer and former Governor of Sindh Fakhruddin G Ibrahim said that by virtue of being a member a minister will not continue to act as minister so long as his/her suspension remains in force. He stated that when an order of suspension of any lawmaker is passed it has to be given effect to. Therefore, he/she cannot act as a member of parliament so long as suspension remains in force.
He categorically pointed out that orders issued by suspended parliamentarian as minister will have no effect so long as his suspension is in effect. Former federal law minister and senior advocate of Supreme Court Dr Khalid Ranjha concurred with Fakhruddin's view and maintained that when a parliamentarian is suspended from membership of provincial assembly, National Assembly or Senate he also ceases to hold all such offices which he is holding by virtue of his membership.
He added that the suspended member would not be able to participate in the committee meetings or for that matter pass an order as a minister. However, Ranjha was uncertain whether the suspended parliamentarian, who is a minister, will have to take fresh oath as minister after his restoration. Former Chief Justice of Lahore High Court Lahore Allah Nawaz stated that the parliamentarians who are suspended should abstain from participation in the Cabinet meeting till they have file the statement of their assets. He added, "If a minister passes any order during his suspension period notified by Election Commission of Pakistan due to non submission of statement of assets, such order would be tainted with doubt".
Former Chairman of Senate Waseem Sajjad said that the recent suspension of more than 231 parliamentarians from all provincial and national assembly and Senate was not carried out under the constitutional provision but under a legal provision contained in the Representation Of People Act. He argued that such a suspension would only amount to suspension of membership of parliament and would not affect the composition of the federal Cabinet.
The suspended lawmakers include Finance Minister Dr Abdul Hafeez Sheikh, Interior Minister Rehman Malik and Water and Power Minister Naveed Qamar. Sub-section (1) of Section 42A of the Representation of the People Act 1976 provides that every member shall submit a statement of assets and liabilities of his own, his spouse and dependants annually to the Election Commission. The ECP publishes details of these in the official gazette and the media highlights interesting aspects of it in their reports.
The electoral body resorted to this belated measure after these lawmakers failed to submit their statement of assets to the Election Commission by September 30. Legislators were granted an extension till October 15, but 23 lawmakers failed to file the required asset declaration.