Constitution refers to disqualification only for five years, CJP Qazi Faez Isa

Chief Justice of Pakistan (CJP) Qazi Faez Isa Thursday remarked that Constitution refers to disqualification only for five years.

Supreme Court today conducted the hearing of a case pertaining to lifetime disqualification of lawmakers under Article 62(1)(F) of the Constitution.

A seven-member bench of the apex court, presided by Chief Justice of Pakistan Qazi Faez Isa and comprising Justice Justice Syed 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.

Supreme Court to interpret the case whether the disqualification of a lawmaker should be for a lifetime or five years stipulated in the Election Act.

Pakistan’s military ruler Gen Zia-ul-Haq inserted Article 62(1)f which stated that :

a person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) “unless — he is sagacious, righteous, non-profligate, honest and ameen, there being no declaration to the contrary by a court of law”.

Under Article 62(1)f Pakistan Muslim League-Nawaz supremo Nawaz Sharif and former leader PTI Jehangir Tareen were disqualified for life by Article 62(1)f.

PML-N provincial lawmaker Sardar Meer Badshah Khan Qaisrani filed a petition for his lifetime disqualification over a fake degree in 2007.

“This is a constitutional issue, which we are going to settle once and for all, and we will try to conclude it quickly in order to prevent confusion for the returning officers (ROs) while receiving nomination papers for the upcoming elections,” CJP Isa remarked.

Former prime minister Nawaz Sharif and Istehkam-i-Pakistan Party Chairman Jahangir Tareen were disqualified in reference to 62(1)f.

The confusion in lifetime disqualification petition

In 2018, the apex court five member bench under CJP Saqib Nisar ruled that disqualification handed down under Article 62 (1)(f) of the Constitution is for life. The verdict practically ended the political future of Pakistan’s bigwigs.

However, in June 2023, an amendment was brought in the Elections Act 2017, specifying that the period of the electoral disqualification will be for five years, not for life.

The court adjourned the hearing until 9am tomorrow.