The top court’s verdict has opened the door for the political re-entry of the political leaders like PML-N Supremo Nawaz Sharif and IPP Chief Jahangir Khan Tarin who had previously been disqualified for life.
ISLAMABAD: (UrduPoint/Pakistan Point News-Jan 8th, 2024) In an historic ruling on Monday, the Supreme Court of Pakistan (SC) overturned the lifetime disqualification under Article 62 (1) (f).
Chief Justice Qazi Faez Isa, who while heading a seven-member bench had reserved the verdict after hearing arguments from both sides, announced the decision.
This landmark judgment opens the door for the political re-entry of figures such as PML-N Supremo Nawaz Sharif and Instehkam-e-Pakistan Party (IPP) Chief Jahangir Khan Tarin, along with several other political leaders who were previously affected.
The Supreme Court specifically rescinded its earlier decision against PML-N Supremo Nawaz Sharif. However, Justice Yahya Afridi expressed a dissenting opinion, asserting that the disqualification should not be set aside in this manner. The seven-member bench, led by Chief Justice Qazi Faez Isa, had initially reserved the verdict before reaching this groundbreaking decision.
CJP Faez Isa, during the reservation of the verdict, observed that a concise order would be disclosed shortly. Justice Syed Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar, and Justice Musarrat Hilali were the other members of the bench.
The proceedings were broadcasted live on the Supreme Court's website and YouTube channel.
The SC had taken note of inconsistencies in the Election Act, 2017, regarding the duration of disqualification during a prior hearing on a petition filed by former PML-N lawmaker Sardar Meer Badshah Khan Qaisrani last month. Qaisrani contested his lifetime disqualification in 2007 due to a fake degree.
In the last hearing on January 4, CJP Isa observed that a lifelong ban from parliament was "against Islam" and sought clarity on whether the disqualification period for a lawmaker was five years, as per the Election Act 2017 amendment, or a permanent ban under Article 62 (1)(f), which outlines the eligibility criteria for election candidates.
CJP Isa emphasized that the resolution to the matter could be found in islam, citing a verse from Surah Sajdah in the Holy Quran that highlights the elevated status of humans, stating that humans themselves are not inherently bad, but their actions define them. He contended that a lifetime disqualification goes against Islamic principles.
