SC to hear all disqualification period cases together

Islamabad: The Supreme Court of Pakistan Wednesday decided to hear all the cases related to the disqualification period together and ordered that the life disqualification case be fixed for hearing in January 2024.

According to the details, the court remarked that the pendency of the case will not be used to delay the election.

The Supreme Court issued a written order in the Mir Badshah Qaisrani case related to the period of disqualification after which it decided to hear all the cases related to the period of disqualification together.

The written order said that the cases questioning the disqualification period should be fixed at the beginning of January, and the pendency of the case would not be used to delay the election.

It has also been stated in the order that the additional attorney general pointed out that a minimum five-member bench is necessary for a case involving constitutional question, to be appointed before the bench constituted by the case committee.

According to the written order of the Supreme Court, the minimum educational qualification for contesting the 2008 general elections was graduation, some candidates submitted fake degrees for which they faced disqualification and penalties. The petitioner was sentenced to two years with disqualification for life. The appeal against the two-year sentence is pending in the Lahore High Court (LHC) Multan Bench.

The order stated that according to the petitioner, the penalty for filing a false affidavit is life imprisonment under Article 62 1F, and the period of disqualification under Section 232 (2) of the Election Act, 2017 is five years.

While the Election Act, 2017 was amended on 26 June 2023, but when asked about challenging Section 232(2) of the Election Act, the lawyers expressed ignorance, and all the lawyers said that in the next general election, the Supreme Court Order and Section 232(2) of the Election Act will create unnecessary confusion.

According to the order, the lawyers of the parties said that the decision of this court before the general elections regarding the determination of the period of disqualification is necessary. Due to the uncertainty, the burden of cases in the election tribunals and courts will increase.

In the written order, the Additional Attorney General told the court that there should be a five-member larger bench to interpret the Constitution under the Practice and Procedure Act. There is a matter that can affect the elections of the provincial assemblies as well.

It has been stated in the decree that notices have been issued to Election Commission of Pakistan (ECP), Attorney General and all provincial advocate generals. The notices should also be published in major English and Urdu newspapers for the convenience of the people.

The court, seeking written responses on constitutional and legal points, has ordered that these appeals and the questions raised in them shall not be used to postpone the next general elections.