ISLAMABAD: Chief Justice of Pakistan (CJP) Qazi Faez Isa announced that the Supreme Court will wrap up the hearing on the lifetime disqualification case on January 11. This case holds significant importance as it will decide whether lawmakers’ disqualification should be for a lifetime or five years under the amended Election Act 2017, aligning with Article 62(1)(F).
A seven-member larger bench, led by CJP Justice Qazi Faez Isa, including Justice Syed Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar, and Justice Musarat Hilali, conducted the proceedings, which were broadcast live on the SC’s website and YouTube channel.
The case originated from a discrepancy noticed by the chief justice on December 11, 2023, during a three-member bench hearing on the disqualification of a former PML-N provincial lawmaker. The contradiction arose between the Supreme Court’s judgment on lifetime disqualification and the amendments made to the Election Act 2017.
CJP Isa emphasized that either the parliament’s legislation or the Supreme Court’s judgment would prevail. A 2018 apex court judgment had previously ruled that anyone disqualified under Article 62(1)(f) of the Constitution would face a lifetime ban.
The 2023 amendment to the Elections Act 2017 by the PDM coalition government reduced the legislator’s disqualification to five years retrospectively. The upcoming general elections on February 8 heightened the significance of this case, especially with the Election Commission of Pakistan rejecting nomination papers of key PTI candidates, including Imran Khan.
During the hearing, the Attorney General for Pakistan (AGP) Mansoor Usman Awan urged the bench to reconsider the lifetime disqualification decision. The AGP supported the Election Act 2017, enacted by the federal government, stating that lifetime disqualification would remain effective unless the Supreme Court’s verdict changes.
Justice Shah questioned the possibility of amending the Constitution through simple legislation, and Justice Mazhar noted that Article 62(1)(F) did not specify the duration of disqualification. CJP Isa, expressing his opinion, emphasized relying on the original Constitution in case of contradictions with later amendments, stating a preference for legislation by elected representatives over laws introduced by dictators.
The court adjourned the case till January 4.
