If ECP can disqualify for life, SC will also have power: CJP

Islamabad: Chief Justice of Pakistan (CJP) Qazi Faez Isa Thursday remarked on the question of lifetime disqualification of politicians that if Election Commission of Pakistan (ECP) can disqualify politicians for life, then the Supreme Court will also have the power.

According to the details, the hearing of the case of interpretation of Article 62-1F of the Constitution is underway in the Supreme Court.

A seven-member larger bench headed by CJP Qazi Faez Isa is hearing the case related to the disqualification of politicians under 62-1F. Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Amin-ud-Din Khan, Justice Jamal Mandukhel, Justice Muhammad Ali Mazhar and Justice Musarat Hilali are also part of the larger bench.

Petitioner Fayaz Ahmed Ghori and Sajjad-ul-Hasan's lawyer Khurram Raza questioned the jurisdiction that under which jurisdiction the Supreme Court is hearing this case. Whether the appeals under Article 187 are fixed for hearing together.

The Chief Justice of Pakistan, talking to lawyer Khurram Raza, said: “You should be limited to your request,” to which Khurram Raza replied that the court is conducting the trial under 184/3 or under 187. Article 62 does not specify the definition of court of law.

Lawyer Khurram Raza added that the authority to give the declaration of Article 62-1F belongs to the Election Tribunal, the Court of Law is listed in Article 62-1F and not the Supreme Court. On which the Chief Justice said: “It would be better not to refer to the powers of the Election Tribunal. Article 62-1F defines Court of Law”.

Justice Qazi stated that Article 99 gives power to the High Court and Article 184/3 to the Supreme Court, the question is whether Article 62-1F gives any power to the Supreme Court.

The petitioner's lawyer said that the Supreme Court hears the case against the decision of the tribunal under the appellate jurisdiction. On which CJP replied that it is true, but does 62-1F also give the tribunal the power to disqualify for life or is this power of lifelong disqualification directly with the Supreme Court.

Chief Justice of Pakistan continued to say that the difference between the Constitutional Court and the Civil Court cannot be ignored. “The Supreme Court and the High Court are constitutional courts where constitutional petitions are filed. The ECP exercises powers under the law. If the Election Commission can disqualify for life, then the Supreme Court will also have the power”.

The Chief Justice asked the petitioner's counsel how a person who has not qualified once can be restrained from the next election. Where is the disqualification period in Article 62-1F? Life term disqualification under Article 62-1F was issued in Samiullah Baloch case. There are conditions to participate in elections, if the candidate's qualification was graduation and it ended in Election Act, then how can he be disqualified for life?

Justice Mansoor Ali Shah said that one can be called dishonest for making wrong statement in the nomination papers, it cannot be said that one cannot contest elections for the rest of his life.

Lawyer Khurram Raza referred to the Representation of the People Act, on which the Chief Justice said, “You are talking against your own objectives, when the tribunal does not disqualify under 62-1F, how can the Supreme Court do it”. Doesn't the Supreme Court act as an appellate forum in election cases?

The petitioner's lawyer said that the Supreme Court can give a declaration, in cases where evidence has been recorded, the Supreme Court can give a declaration. To which the Chief Justice said, "Then you are not supporting the Samiullah Baloch case”. Khurram Raza said that he was supporting the Samiullah Baloch case only to a certain extent.

Justice Mansoor Ali Shah remarked that it doesn't seem strange that criminals can contest elections again, not those with a civil fault. The criminal of murder and kidnapping has been allowed to contest elections after completing his sentence. To which lawyer Khurram said that Islam also teaches to be honest and trustworthy and talks about intention.

The Chief Justice scolded the petitioner and said, “Don't bring Islam into this case. The concept of repentance and coming to the right path is also in Islam. The sinners are also forgiven in Islam. Many disbelievers came to the right path and later became caliphs, in the beginning there were only three or four Muslims.

Justice Qazi Faiz Isa added that if a person honestly says that he is a matric, then how is he ineligible for the next election. I do not agree with the distinction you mentioned, even a foreigner can be elected by contesting the election.

The lawyer stated that the court has to interpret only 62-1F, on which the Chief Justice said that the court is only interpreting 62-1F, while Justice Mansoor Ali Shah said that you are saying that we cannot interpret 62 and 63 together.