Hearing of politicians’ lifetime disqualification case underway in SC

Islamabad: The Supreme Court is hearing a case related to lifetime disqualification of politicians under Article 62-1F which is being broadcasted live on television.

According to the details, a seven-member bench led by Chief Justice of Pakistan (CJP) Qazi Faez Isa is conducting the hearing, which also includes Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Amin-ud-Din Khan, Justice Jamal Mandukhel, Justice Muhammad Ali Mazhar and Justice Musarat Hilali.

At the beginning of the hearing, the Chief Justice asked the Attorney General about his position that if the Election Act be followed or the Supreme Court's decision. On this, the Attorney General said that the court is requested to re-evaluate the decision of life disqualification while supporting the Election Act as it is a federal law.

The Attorney General said that the decision to interpret lifelong disqualification under Article 62-1F should be re-examined.

Meanwhile, Saqib Jilani, the lawyer of the petitioner against Mir Badshah Qaisrani, also opposed the lifelong disqualification saying: “I filed the application in 2018 when the decision of lifelong disqualification came under 62-1F, now Section 232 has been added to the Election Act. The Section 232 of the Election Act does not follow the plea to the extent of lifetime disqualification”.

The Chief Justice asked if anyone challenged the amendment of the Election Act. Do all Advocate Generals support or oppose the position of the Attorney General?

Following the request of the Chief Justice, all the Advocate Generals supported the position of the Attorney General to amend the Election Act.

Chief Justice asked the difference between Article 62 and 63 is. On this, the Attorney General replied that Article 62 is about the qualification of members, while 63 is related to disqualification. The period of disqualification is not mentioned in Article 62 but it was issued by the court.

The Attorney General also said that as long as there are judicial decisions, the declaration of lifelong disqualification is in place. On this Justice Qazi Faez said that the Election Act has already been implemented and it has not been challenged.

Meanwhile, Justice Mansoor asked that the question is whether it is possible to change the constitution through sub-constitutional legislation. Will the constitution have to be amended to overturn the Supreme Court's decision? Can what is written in the constitution be changed by legislation? In serious crimes like murder and treason, one can contest elections after some time, but life-long disqualification on the basis of trivial reasons does not seem inappropriate?

During the hearing, the Chief Justice said that the impression should not be taken from this case that the court is supporting a particular party. It is a constitutional issue which is going to be resolved once, efforts will be made to complete the hearing of the case on January 4 and after consultation, judicial assistants can also be appointed.

Later, the Supreme Court adjourned the case related to lifelong disqualification till 11:30am on January 4.