Lifetime disqualification not determined in Constitution, remarks CJP

ISLAMABAD: The Supreme Court (SC) Thursday resumed the hearing on a case about the lifetime disqualification of lawmakers under Article 62(1)(f) of the Constitution.

A seven-member bench — headed by CJP Isa and comprising Justice Syed Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar and Justice Musarrat Hilali — is conducting a hearing on the case.

The proceedings of the case are being broadcast live on SC’s website and YouTube channel. At the resumption of the hearing after a day break, Khurram Raza, plaintiff Sajjadul Hassan’s lawyer questioned under which law the appeals are being heard.

The court is hearing appeals under 184-3 or 187 section of the constitution of Pakistan, he asked. Plead your case don’t repeat please, CJP Qazi Faez Isa asked Khurram Raza.

CJP said here the question arises if SC enjoys powers under Article 62-1F. The top judge said a candidate is disqualified over nomination papers. How can one be disqualified for life, he remarked.

“Lifetime disqualification under Article 62(1)(F) was determined according to one’s own perception and not the Constitution”.

CJP observed that dictators amended the constitution of Pakistan and put conditions of Saadiq and Ameen for Parliamentarians. Why they did not place the same conditions on them for contesting elections?

The top judge also inquired if the provisions of disqualification were amended in the Constitution by a dictator, saying that a “hypocrite was worse than a non-believer”.

He lamented that amendments were made on “gun points” and asked how the wisdom of five judges sitting in a court could be more than the people sitting in the Parliament.

Dictators also come into power by violating the constitution not after being elected as politicians, the top judge remarked.

Justice Mansoor Ali Shah remarked when the Election Act had been amended by the Parliament, how can the condition of lifetime disqualification remain?

Subsequently, Advocate Usman Karim came to the rostrum. He highlighted that the preconditions of saadiq and ameen were also applied to non-Muslims, arguing that hence these conditions were not about Islam.

Read more: CJP hints at concluding lifetime disqualification case at next hearing

Karim said the judgment of lifetime disqualification was written by former CJP Umar Ata Bandial, who adopted different grounds on similar cases, later.

He said a lawmaker can only be disqualified on nomination papers and if by-polls are held, the said person can take part in it.

Usman Karim also opposed the tenure of the 5-year disqualification of lawmakers in the Election Amendment Act.

Last hearing

During the last hearing of the case on January 2, Attorney General of 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.

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.

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.

Read more: General elections: SC seeks candidates’ input in lifetime disqualification

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 in 2023.

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