CJP hints at concluding lifetime disqualification case at next hearing

ISLAMABAD: Chief Justice of Pakistan (CJP) Qazi Faez Isa has said the Supreme Court will try to conclude the hearing on the lifetime disqualification case on January 4 (Thursday), ARY News reported.

Headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa, the larger bench also consisting of 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 heard lifetime disqualification case of lawmakers under Article 62(1)f of the Constitution.

The proceedings of the case are being live broadcast on SC’s website.

During the hearing today, Attorney General for Pakistan (AGP) Mansoor Usman Awan urged the bench to reconsider its decision on lifetime disqualification.

At this, the Chief Justice of Pakistan (CJP) Isa questioned whether the amended Election Act 2017 or the Supreme Court’s verdict on lifetime disqualification should prevail.

The AGP supported the Election Act 2017 but asserted that the lifetime disqualification would remain effective unless the Supreme Court’s verdict changed.

Justice Shah queried the possibility of amending the Constitution through simple legislation and whether a constitutional amendment was necessary.

Justice Mazhar noted that Article 62 (1)(F) doesn’t specify the limit of disqualification. Justice Shah questioned the appropriateness of a lifelong disqualification for a seemingly ‘petty reason’ compared to allowing those convicted of serious crimes to contest elections after a ban period.

Tareen’s lawyer, Makhdom Ali Khan, informed the court that Article 62 was added to the Constitution via a presidential order in 1985.

At this, CJP Isa questioned the character of someone who removed judges and violated the Constitution, referring to former military ruler Gen (retd) Ziaul Haq. He emphasized relying on the original Constitution in case of contradictions.

Addressing the difference between Articles 62 and 63, CJP Isa asked AGP Mansoor Usman Awan. The AGP explained that Article 62 deals with the eligibility of parliamentarians, while Article 63 is related to disqualification.

CJP 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 (SC) released an advertisement to seek candidates’ input before taking up the lifetime disqualification matter of lawmakers.

The advertisement released in the different newspapers invited inputs from the candidates willing to contest general elections in the matter of lifetime disqualification.

“Interested candidates can submit detailed written replies to SC if they want,” the ad read.

The lifetime disqualification matter

In 2018, a five-judge bench of the Supreme Court unanimously held that disqualification handed down under Article 62(1)(f) of the Constitution is for life.

Under Article 62(1)(f) of the Constitution of Pakistan, which sets the precondition for a member of parliament to be ‘sadiq and ameen’ (honest and righteous), former prime minister and PMLN chief Nawaz Sharif was disqualified by the SC bench on July 28, 2017, in references about the Panama Papers.

Later, an accountability court awarded him 10-year imprisonment in the Avenfield apartments and seven years in Al-Azizia references.

Similarly, the Pakistan Tehreek-e-Insaf (PTI) founder was also disqualified under the same article in the Toshakhana case earlier this year.

However, in June, the then-coalition government passed an amendment to the Elections Act 2017, which limited the disqualification of lawmakers to five years.