ISLAMABAD: Chief Justice of Pakistan (CJP) Qazi Faez Isa has announced that the Supreme Court aims to conclude the hearings on the lifetime disqualification case by January 4.
The larger bench presided over by CJP Isa included Justices Syed Mansoor Ali Shah, Yahya Afridi, Amin-ud-Din Khan, Jamal Khan Mandokhel, Muham¬mad Ali Mazhar and Musarrat Hilali. The bench is overseeing the case involving lawmakers facing lifetime disqualification under Article 62(1)(f) of the Constitution.
The proceedings are being live-streamed on the Supreme Court’s website, and during a recent hearing, Attorney General for Pakistan (AGP) Mansoor Usman Awan urged the bench to reconsider its decision on lifetime disqualification.
CJP Isa questioned whether the amended Election Act 2017 or the Supreme Court’s verdict on lifetime disqualification should take precedence. The AGP favored the Election Act 2017 but emphasized that the lifetime disqualification would remain in effect unless the Supreme Court’s decision changed.
Justice Shah raised concerns about amending the Constitution through simple legislation and questioned the necessity of a constitutional amendment.
Justice Mazhar pointed out that Article 62(1)(f) does not specify the duration of disqualification. Justice Shah questioned the appropriateness of a lifelong disqualification for seemingly minor reasons compared to allowing those convicted of serious crimes to contest elections after a ban period.
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Tareen’s lawyer, Makhdom Ali Khan, informed the court that Article 62 was added to the Constitution via a presidential order in 1985. CJP Isa referred to former military ruler Gen (retd) Ziaul Haq, questioning the character of someone who removed judges and violated the Constitution.
He stressed the importance of relying on the original Constitution in case of contradictions.
CJP Isa inquired about the distinction between Articles 62 and 63, with the AGP explaining that Article 62 deals with the eligibility of parliamentarians, while Article 63 relates to disqualification.
CJP Isa expressed difficulty with the sub-clauses of Article 62 concerning the character of public office holders, questioning how character could be objectively determined.
Last week, the Supreme Court released an advertisement inviting input from candidates before addressing the lifetime disqualification matter of lawmakers. In 2018, a Supreme Court bench ruled that disqualification under Article 62(1)(f) is for life.
The article sets the precondition for parliamentarians to be ‘sadiq and ameen’ (honest and righteous). Notable figures like Nawaz Sharif and the PTI founder have faced disqualification under this article, and a recent amendment limited the disqualification of lawmakers to five years.
