The top judge emphasizes that errors on nomination papers should not render a candidate ineligible for life, and urged the parliament not to create legislation confusing for the common man.
ISLAMABAD: (UrduPoint/Pakistan Point News-Jan 5th, 2024) Chief Justice of Pakistan Qazi Faez Isa on Friday remarked that the constitution does not permit lifetime disqualification and called it a self-created theory.
The top judge gave these remarks while hearing the case of lifetime disqualification of politicians under Article 62(1)(f). He was heading a seven-member bench.
CJP Isa emphasized that errors on nomination papers should not render a candidate ineligible for life, and urged the parliament not to create legislation confusing for the common man.
The hearing is focused on national issues, not individual or political matters, and would address individual concerns in a separate session next week.
The top court aims to conclude the case ahead of general elections, clarifying confusion for returning officers regarding the Election Act.
The Supreme Court Bar Association withdrew its case, supporting the Election Act and five-year disqualification. The hearing was adjourned for Friday prayers.
In Thursday's proceedings, Chief Justice Qazi Faez Isa highlighted the contradiction in lifetime disqualification, questioning whether five people's wisdom could abolish legislation for 326 parliamentarians. He expressed concern that lifetime disqualification goes against Islamic principles and questioned the power to disqualify for life, emphasizing the importance of clarity before elections. The court sought to distinguish between conflicting judgments and the Election Act.
The Attorney General advocated a review of the lifetime ban, citing changes in the Election Act. The arguments touched on the ambiguity of the terms "Sadiq" and "Ameen" and the challenges of determining an individual's character.
The court planned to conclude the case by January 11, before the Election Commission's final candidate list announcement.
The CJP emphasized reliance on legislation by elected representatives rather than dictators. The court dismissed the concept of judicial supremacy and aims to address loopholes through clear judgment.
