Islamabad: Supreme Court of Pakistan (SC) pronouncing reserved verdict in case pertaining to interpretation of Article 62 (1)(F) has abolished lifetime disqualification of politicians, clearing way for Nawaz Sharif and Jahangir Tareen to contest upcoming general elections on February 8.

Ruling was made by distinguished 7-member bench of 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.

Case centered around Article 62(1)(f) of Constitution, which empowers Parliament to prescribe qualifications for contesting elections. Supreme Court rendered crucial verdict, voting 6 to 1, which determined that politicians cannot be permanently disqualified under Article 62(1)(F).

Emphasising that contesting elections is fundamental right of citizens, Court asserted its constitutional authority, highlighting that Section 184(3) doesn’t possess power to impose lifelong disqualifications. In pivotal judgment, Supreme Court ruled that political disqualifications won’t span lifetime.

Judgment clarified that Election Act stipulates disqualification period of up to 5 years, indicating that duration of disqualification doesn’t necessitate legislative scrutiny but rather judicial interpretation of Article 62(1)(F) of Constitution.

Court highlighted necessity to interpret constitution through declarations, lacking any specific legal processes for such declarations. Justice Yahya Afridi expressed dissent, contending that disqualification under Article 62(1)(F) isn’t inherently lifelong but extends until judicial decision is made, echoing correctness of Samiullah Baloch decision.

Hearing witnessed arguments initiated by Jahangir Tareen’s lawyer, Makhdoom Ali Khan, who highlighted relevance of court’s previous decision in matter. Justice Mansoor Ali Shah and Justice Jamal Mandokhel inquired about scope of civil courts in declaring disqualifications, raising questions about legislative role in determining period of disqualification.

Justice Qazi Faiz Isa raised critical points during proceedings, questioning focus on singular sections of Constitution while neglecting its historical context and fundamental rights. He emphasised impact of inserting new details and stressed need to remember Pakistan’s history, expressing concern that those who caused significant harm to nation become eligible after mere five years. Expressing skepticism, Chief Justice queried if mistake in nomination papers renders an individual ineligible for life.

He questioned clause’s origins, suggesting it stemmed from single general and wondering if it should bind everyone. Lawyer Makhdoom Ali Khan highlighted interconnected nature of Articles 62, 63, and Article 17, emphasising that these constitutional provisions intertwine with fundamental rights. Chief Justice raised concerns about power to nullify constitutional amendments, contemplating complexity of altering constitution through simple legislation.

Published in The Daily National Courier, January, 09 2024

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