ISLAMABAD – On Friday The Supreme Court of Pakistan reserved the verdict in the all-important 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 heard the case.
“The clauses pertaining to disqualification were added by amendments during martial law. It remained unchanged as no changes made in the article during democratic rule,” Chief Justice remarked.
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.
