ISLAMABAD (DL News) – The Supreme Court of Pakistan on Friday resumed the hearing of case pertaining to lifetime disqualification of politicians under Article 62(1)(f).
A seven-member SC larger bench, headed by Chief Justice of Pakistan Qazi Faez Isa and comprising Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar and Justice Musarrat Hilali is hearing the case.
During the course of hearing, the CJP remarked that “the Constitution doesn’t allow lifetime disqualification. It’s just a self-created theory.”
He added that “mistakes on nomination papers can’t make a candidate ineligible for lifetime.”
Justice Isa said parliament should not make such legislation that is baffling for a common man. Unfortunately, he said, there was no regard for people. He said the hearing of the case was not for political and individual matters but it’s about national issues.
“The individual matters will be heard by another bench next week,” he said.
During the course of proceedings on Thursday, the chief justice observed that whether the wisdom of five people could abolish the legislation of 326 parliamentarians. He remarked that the lifetime disqualification was also against Islam.
He said the legislation introduced by the elected members of parliament could not be seen with hate. He noted that the Article 62(1)(f) did not mention the period of disqualification.
The CJP said the court wanted to conclude the case early in view of the general elections, and also wanted to end the confusion of returning officers with regard to the Election Act.
Supreme Court Bar Association’s lawyer Ali Imran said they were withdrawing their case. “The SCBA supports the Election Act and five-year disqualification,” he added.
The hearing has been stopped for Friday prayers.
Thursday’s proceedings
Chief Justice of Pakistan (CJP) Qazi Faez Isa made significant remarks on Thursday during a Supreme Court hearing regarding the lifetime disqualification of lawmakers under Article 62(1)(F) of the Constitution. He highlighted that banning anyone for life from parliament goes against the principles of Islam.
As the hearing started, Advocate Khurram Raza, favouring lifetime disqualification, came to the rostrum and raised questions about maintainability of the proceedings.
He asked under which provisions of law the proceedings were being conducted. However, the bench asked Raza to stick to his petition.
Resuming his arguments, the counsel said it was only the election tribunal’s prerogative to grant a declaration and the right could not be exercised by the high court or apex court directly. However, he maintained, cases against orders passed by the tribunal could be heard by the apex court under the scope of appeal.
The CJP said this debate won’t resolve the problem before the court. Justice Isa remarked the court would not discuss the powers of the election tribunal as it was not the question of an election tribunal or election commission exercising a power but it was about the power exercised by a constitutional court.
Raza said any declaration in the election tribunal or by the SC in the appellate jurisdiction was covered under Article 62(1)(f).
Justice Isa remarked that election tribunal would exercise powers only under the law. Therefore when the SC would exercise such powers it could not have more powers than the election tribunal or the Election Commission of Pakistan.
