ISLAMABAD: The Supreme Court of Pakistan has decided to consolidate and hear all cases related to the disqualification period together. In the Mir Badshah Qaisrani case, the court issued a written order, scheduling the life disqualification case for a hearing in January 2024. The court emphasized that the case’s pendency should not be exploited to delay the upcoming election.
The order highlighted that a minimum five-member bench is required for cases involving constitutional questions, as pointed out by the additional attorney general. The cases challenging the disqualification period are to be fixed at the beginning of January, and the court stressed that the resolution should not hinder the electoral process.
The written order outlined the background, stating that some candidates in the 2008 general elections submitted fake degrees, leading to disqualification and penalties. The petitioner faced a two-year sentence with lifelong disqualification, and an appeal against the sentence is pending in the Lahore High Court (LHC) Multan Bench.
According to the petitioner, filing a false affidavit incurs a life imprisonment penalty under Article 62 1F, while Section 232(2) of the Election Act, 2017 imposes a five-year disqualification period. Despite the amendment to the Election Act on June 26, 2023, lawyers expressed uncertainty about challenging Section 232(2), creating potential confusion in the next general election.
Lawyers representing the parties argued that the court’s decision on the disqualification period before the general elections is crucial to avoid increasing the burden of cases in election tribunals and courts. The Additional Attorney General proposed a five-member larger bench to interpret the Constitution under the Practice and Procedure Act, considering the potential impact on provincial assembly elections.
Notices have been issued to the Election Commission of Pakistan (ECP), Attorney General, and all provincial advocate generals, with instructions to publish them in major English and Urdu newspapers for public awareness. The court seeks written responses on constitutional and legal points, emphasizing that these appeals and raised questions should not be used to postpone the upcoming general elections.
