The Supreme Court of Pakistan (SC) while pronouncing a reserved verdict in the case pertaining to the on the interpretation of Article 62-1F has abolished the lifetime disqualification.
The ruling was made by a distinguished 7-member bench of the apex court, featuring Chief Justice Qazi Faiz Isa, Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Jamal Mandukhel, Justice Muhammad Ali Mazhar, and Justice Musrat Hilali.
The case centered around Article 62(1)(f) of the Constitution, which empowers the parliament to prescribe qualifications for contesting elections.
During previous hearing, the CJP made pertinent remarks, reflecting on the past five years that significantly impacted the country’s trajectory. He announced that all election-related cases would be addressed in the regular bench during the upcoming week, specifying that individual cases would be taken up separately.
The hearing witnessed arguments initiated by Jahangir Tareen’s lawyer, Makhdoom Ali Khan, who highlighted the relevance of the court’s previous decision in the matter.
Responding to inquiries during the hearing, Makhdoom Ali Khan argued that the declaration of disqualification would arise from a civil court decision, emphasizing that a civil court’s ruling does not revoke an individual’s fundamental constitutional rights. The discussion further explored the role of civil courts in issuing declarations of disqualification, leading to deliberations on the separate provisions of Articles 62 and 63 in the Constitution.
Justice Mansoor Ali Shah and Justice Jamal Mandokhel inquired about the scope of civil courts in declaring disqualifications, raising questions about the legislative role in determining the period of disqualification. The discourse during the session aimed to unravel the intricacies of constitutional provisions and their implications on eligibility and disqualification criteria.
CJP questions clause’s origins
Chief Justice Qazi Faiz Isa raised critical points during the proceedings, questioning the focus on singular sections of the constitution while neglecting its historical context and fundamental rights. He emphasized the impact of inserting new details and stressed the need to remember Pakistan’s history, expressing concern that those who caused significant harm to the nation become eligible after a mere five years.
Expressing skepticism, the Chief Justice queried if a mistake in nomination papers renders an individual ineligible for life. He questioned the clause’s origins, suggesting it stemmed from a single general and wondering if it should bind everyone.
