ISLAMABAD: Supreme Court of Pakistan on Friday reserved the verdict in the life disqualification case.
The Supreme Court of Pakistan on Friday resumed the hearing of case pertaining to lifetime disqualification of politicians under Article 62(1)(f).
A seven-member SC larger bench, headed by Chief Justice of Pakistan Qazi Faez Isa and comprising Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar and Justice Musarrat Hilali is hearing the case.
Chief Justice Qazi Faez Isa reserving the verdict remarked that soon they will announce the verdict but maybe not today.
During the course of hearing, the CJP remarked that “the Constitution doesn’t allow lifetime disqualification. It’s just a self-created theory.”
He added that “mistakes on nomination papers can’t make a candidate ineligible for lifetime.”
Justice Isa said parliament should not make such legislation that is baffling for a common man. Unfortunately, he said, there was no regard for people. He said the hearing of the case was not for political and individual matters but it’s about national issues.
As the proceedings commenced today, Advocate Makhdoom Ali Khan, representing Jahangir Khan Tareen, argued that the Samiullah Baloch case created a “complete disconnect” between Article 62 and Article 63 of the Constitution regarding lawmaker disqualification.
Makhdoom emphasized the distinction between civil liability and disqualification, stating, “[…] a citizen is denied the right to exercise, or the protection of a fundamental right guaranteed by the Constitution for the rest of his life.”
Responding to queries about the role of civil courts, Makhdoom asserted, “There is no civil court in this country which can grant that,” referring to a declaration of honesty and truthfulness.
Chief Justice Isa expressed concern over neglecting the constitutional history of Pakistan, emphasizing the need for logic and reasoning behind lifetime disqualification. He questioned the effectiveness of the current law, asking, “Have we lost all logic and sensibilities?”
“What is the Constitution all about? What does it do? What are the fundamental rights?” the top judge asked, lamenting that the constitutional history of Pakistan was being disregarded.
Makhdoom referred to a US Supreme Court judgment rejecting new qualifications for lawmakers and highlighted that the 18th Amendment did not specify lifelong disqualification.
The lawyer outlined declarations by an election tribunal and the role of session judges in trying offenses under the Elections Act. He argued against the “business of civil law declaration” that strips fundamental rights permanently.
