Chief Justice of Pakistan (CJP) Qazi Faez Isa has indicated that the Supreme Court aims to conclude the hearing on the lifetime disqualification case on January 4 (Thursday).
The larger bench, headed by Chief Justice Qazi Faez Isa and consisting of Justices Syed Mansoor Ali Shah, Yahya Afridi, Amin-ud-Din Khan, Jamal Khan Mandokhel, Muhammad Ali Mazhar, and Musarrat Hilali, conducted the hearing on the lifetime disqualification case of lawmakers under Article 62(1)(f) of the Constitution.
The proceedings are being live-streamed on the Supreme Court’s website. During the hearing, Attorney General for Pakistan (AGP) Mansoor Usman Awan urged the bench to reconsider its decision on lifetime disqualification.
In response, 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 asserted that the lifetime disqualification would remain effective unless the Supreme Court’s verdict changed.
Justice Shah raised the possibility of amending the Constitution through simple legislation and questioned the necessity of a constitutional amendment.
Justice Mazhar noted that Article 62(1)(f) doesn’t specify the duration 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. In response, 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 released an advertisement seeking candidates’ input before taking up the lifetime disqualification matter of lawmakers. The ad invited inputs from candidates willing to contest general elections in the matter of lifetime disqualification.
In 2018, a five-judge bench of the Supreme Court unanimously held that disqualification under Article 62(1)(f) of the Constitution is for life. The article sets the precondition for a member of parliament to be ‘sadiq and ameen’ (honest and righteous).
Notably, Nawaz Sharif and the PTI founder faced disqualification under this article in separate cases. However, in June, the then-coalition government passed an amendment to the Elections Act 2017, limiting the disqualification of lawmakers to five years.
