The top court larger bench led by CJP Isa has questioned the prevailing authority between the amended Election Act 2017 and the Supreme Court’s verdict on lifetime disqualification.
ISLAMABAD: (UrduPoint/Pakistan Point News-Jan 2nd,2024) Chief Justice of Pakistan (CJP) Qazi Faez Isa has observed that the Supreme Court aimed to conclude the hearing on the lifetime disqualification case on January 4 (Thursday).
A SC larger bench led by Chief Justice of Pakistan Qazi Faez Isa heard the case of lawmakers under Article 62 (1)(f) of the Constitution.
Justice Syed Mansoor Ali Shah, Justice Yahya Afridi, Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar, and Justice Musarrat Hilali were the other members of the bench, conducted the hearing on the lifetime disqualification case of lawmakers under Article 62(1)(f) of the Constitution.
The top judge hinted at concluding lifetime disqualification at the next level in the case.
The top court proceedings on the subjected matter were live streamed on the national television.
During the hearing, Attorney General for Pakistan (AGP) Mansoor Usman Awan urged the bench to reconsider its decision on lifetime disqualification.
In response, Chief Justice Isa questioned the prevailing authority between the amended Election Act 2017 and the Supreme Court’s verdict on lifetime disqualification.
On it, the AGP supported the Election Act 2017 but insisted that the lifetime disqualification would remain effective unless the Supreme Court’s verdict changed.
Justice Mazhar noted that Article 62(1)(f) lacks specificity regarding the limit of disqualification.
Justice Shah expressed concerns over a lifelong disqualification for seemingly minor reasons compared to allowing those convicted of serious crimes to contest elections after a ban period.
Justice Shah raised questions about amending the Constitution through simple legislation and the necessity of a constitutional amendment.
Makhdom Ali Khan, the lawyer representing Tareen, informed the court that Article 62 was added to the Constitution via a presidential order in 1985.
The CJP questioned the character of someone who removed judges and violated the Constitution, referencing former military ruler Gen (retd) Ziaul Haq. The CJP emphasized reliance on the original Constitution in case of contradictions.
Addressing the disparity between Articles 62 and 63, Chief Justice Isa asked AGP Mansoor Usman Awan. The AGP clarified that Article 62 pertains to the eligibility of parliamentarians, while Article 63 relates to disqualification.
Chief Justice Isa expressed difficulty with the sub-clauses of Article 62 concerning public office holders’ character, questioning how character could be objectively determined.
Last week, the Supreme Court released an advertisement seeking input from candidates before addressing the lifetime disqualification matter of lawmakers. The advertisement invited candidates willing to contest general elections to submit detailed written replies to the Supreme Court.
The lifetime disqualification matter originated in 2018 when a five-judge bench unanimously held that disqualification under Article 62(1)(f) of the Constitution is for life.
The article set the precondition for a member of parliament to be ‘sadiq and ameen’ (honest and righteous). Former Prime Minister Nawaz Sharif and PTI founder were disqualified under this article.
However, in June, the coalition government passed an amendment to the Elections Act 2017, limiting the disqualification of lawmakers to five years.
