ISLAMABAD: Chief Justice of Pakistan Qazi Faez Isa on Tuesday said that the Supreme Court (SC) will conclude the hearing of the life disqualification case on January 4 (Thursday).
The judgment in the case will determine whether the disqualification of legislators from participating in elections should be for life or five years under the amended Electoral Act of 2017 in accordance with Article 62(1) (f).
At the start of the hearing, Attorney General for Pakistan (AGP) Mansoor Usman Awan asked the bench to review its decision regarding the lifetime disqualification. To this, CJP Isa asked the AGP which in his opinion should take precedence – the amended Election Act 2017 or the Supreme Court’s life-time disqualification verdict.
The AGP said it would support the Electoral Act 2017 as enacted by the Federal Government.
The AGP, however, said the declaration of life disqualification would remain effective unless the Supreme Court’s verdict stands.
Justice Shah wondered whether it was possible to amend the constitution through a simple law or whether a constitutional amendment was necessary. Justice Mazhar said that the disqualification limit is not specified in Article 62 (1) (f).
A person convicted of murder and treason could stand for election after being banned for several years, Justice Shah said, asking if it was inappropriate to disqualify someone for life for a “small reason”.
CJP Isa said that in his opinion, the original constitution should be relied upon if there is any conflict between the constitution and amendments to the constitution later.
CJP Isa observed according to Islamic standards, no one can be declared a person of high character.
The court began to discuss the issue of lifelong disqualification of legislators under Article 62 paragraph 1 letter f) Constitution. Headed by Chief Justice of Pakistan Qazi Faez Isa, the case is being heard by a larger bench comprising Justice Syed Mansoor Ali Shah, Justice Yahya Afridi, Justice Muhammad Ali Mazhar, Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhel and Justice Musarrat Hilali.
The proceedings of the case were broadcast live on the SC website.
Last week, the Supreme Court issued an advertisement seeking information from the candidates before taking up the issue of lifetime disqualification of lawmakers.
An advertisement published in various newspapers invited candidates who wanted to contest the general election in the matter of lifetime disqualification.
“Candidates may send detailed written responses to the SC if they wish,” the advertisement said.
In 2018, the five-member panel of the Supreme Court unanimously decided that the exclusion granted pursuant to Article 62 paragraph 1 letter f) The Constitution is for life.
According to Article 62 paragraph 1 letter (f) of the Constitution of Pakistan, which stipulates that a member of Parliament must be “sadiq a ameen” (honest and just), former Prime Minister and PMLN chief Nawaz Sharif was disqualified by the Board of Supervisors. bench on 28 July 2017 in Panama Papers references.
The court later sentenced him to 10 years in prison at Avenfield Apartments and seven years at Al-Azizia links.
Similarly, according to the same article earlier this year, the founder of Pakistan Tehreek-e-Insaf (PTI) was disqualified in the Toshakhan case.
However, the then coalition government approved an amendment to the 2017 Electoral Act in June, which limited the disqualification of legislators to five years.
