ISLAMABAD: The Supreme Court of Pakistan (SC) on Monday took notice of the discrepancy between the judicial decision on lifetime disqualification under Article 62 (1) (f) and the amendments made to the Elections Act, 2017, ARY News reported.
The top court scheduled the hearing for January 2024 and referred the matter, pertaining to ascertain the period for disqualification, to the judges’ committee for the constitution of a bench.
It also issued notices to Attorney General for Pakistan (AGP) Mansoor Usman Awan, advocate generals of all the provinces and the Election Commission of Pakistan (ECP) to assist the SC.
The apex court’s notice came on a petition filed by a former MPA of the Pakistan Muslim League-Nawaz (PMLN), Shamona Badshah Qaisrani, who was disqualified over a fake degree in 2007.
The hearing
During the hearing today, Chief Justice of Pakistan (CJP) Qazi Faez Isa remarked that the Supreme Court’s verdict on lifetime disqualification and the amendments made to the Elections Act, 2017 could not co-exist.
The chief justice observed that either the Supreme Court’s 2018 verdict or the Election (Amendment) Act, 2023 could be upheld. He noted that discrepancies in the SC’s interpretation and the law could result in “confusion” in general elections 2024.
CJP Isa inquired why the petitioner was disqualified to which Advocate Saqib Jilani replied that Qaisrani was disqualified under Article 62(1)(f) of the Constitution based on a fake degree in 2007.
However, the Lahore High Court in 2018, had granted the former lawmaker permission to contest polls.
Meanwhile, Justice Athar Minallah pointed out that the case was connected to the 2018 elections and inquired if it was still admissible to the upcoming polls.
Responding to the query, Jilani contended that the current case would have an impact on the upcoming elections as well.
“How can lifetime disqualification continue if a person’s sentence comes to an end?” Justice Isa asked.
To which,
the lawyer replied a person should be disqualified for submitting nomination papers on false affidavits, pointed out that Supreme Court’s verdict in the Panama Papers case on the interpretation of Article 61(1)(f).Later, CJP Faez asked if a new law pertaining to Article 62(1)(f) and lifetime disqualification had been passed recently, to which the lawyer said recently the Elections Act was amended and disqualification was limited to five years.
On the other hand, Justice Minallah noted that the SC’s verdict on lifetime disqualification had become “ineffective” after amendments to the Elections Act.
“As general elections draw near, a confusion would be created whether they should rely on the SC 2018 verdict or the Election Act amendments. This is not good for democracy,” Justice Isa replied.
However, Justice Minallah remarked that there was no uncertainly regarding the next elections, and anyone trying to encourage it will be in contempt of the apex court.
The court observed that the current matter will not be allowed to be used as a tool to delay the February 8, 2024 polls, urging for notices regarding the case to be published in two mainstream English dailies.
The lifetime disqualification matter
In 2018, a five-judge bench of Supreme Court had 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 pertaining to the Panama Papers.
Similarly, Pakistan Tehreek-e-Insaf (PTI) supremo Imran Khan was also disqualified under the same article in the Toshakhana case earlier this year.
However, in June, the then-coalition government had passed an amendment to the Elections Act 2017, which limited the disqualification of lawmakers to five years.
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