Chief Justice of Pakistan (CJP) Qazi Faez Isa on Tuesday expressed the intention to conclude the proceedings of the lifetime disqualification case till January 4 (Thursday).
The urgency was the upcoming elections and it was the SC that wanted to alleviate confusion for Returning Officers.
The seven-member bench, including Justices Syed Mansoor Ali Shah, Yahya Afridi, Aminuddin Khan, Jamal Khan Mandokhel, Muhammad Ali Mazhar, and Musarat Hilali, heard the case to address a contradiction between its previous judgment on lifetime disqualification and recent amendments to the Election Act in 2023.
The issue gains significance as general elections loom on February 8. Notably, the Election Commission of Pakistan has rejected nomination papers for key PTI candidates, including Imran Khan, while accepting those of PML-N candidates, including Nawaz Sharif, prompting criticism from PTI leaders.
During the hearing, Attorney General for Pakistan (AGP) Mansoor Usman Awan implored the bench to reconsider the lifetime disqualification. However, CJP Isa pressed for clarity on whether the amended Election Act or the Supreme Court’s verdict should prevail.
The AGP argued in favor of the Election Act, emphasizing its enactment by the federal government. Yet, he acknowledged that the declaration of lifetime disqualification would persist unless the Supreme Court’s verdict remained in force.
The justices deliberated on the constitutional aspects, with Justice Shah questioning the possibility of amending the Constitution through simple legislation.
Justice Mazhar noted that Article 62(1)(f) did not specify a fixed duration for disqualification.
Justice Isa, expressing a preference for relying on legislation enacted by elected representatives over amendments made by a dictator, highlighted the importance of upholding the original Constitution when faced with contradictions.
Amidst the proceedings, CJP Isa sought clarification on the difference between Articles 62 and 63.
AGP Awan explained that Article 62 pertains to the eligibility of parliamentarians, while Article 63 deals with disqualification.
CJP Isa raised concerns about determining a person’s character, emphasizing the subjectivity involved.
He questioned whether anyone could be declared a person of high character according to Islamic standards.
The hearing was adjourned till January 4 (Thursday).
