Islamabad (Web Desk): The Supreme Court (SC) on Thursday resumed hearing a set of petitions to determine whether the disqualification period for a lawmaker is for lifetime or five years.
A seven-member larger bench headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa and comprising Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Jamal Mandokhail, Justice Muhammad Ali Mazhar and Justice Musarrat Hilali is hearing the case.
The proceedings of the court are being broadcast live.
Article 62(1)(f) of the Constitution, which sets the precondition for a member of parliament to be “sadiq and ameen” (honest and righteous), is the same provision under which former prime minister Nawaz Sharif was disqualified in the Panama Papers case. Imran Khan was also disqualified under the same article in the Toshakhana case last year.
The disqualification conundrum stems from the addition of Article 62(1)f to the Constitution by former military ruler Gen Ziaul Haq. However, the issue gained prominence when a larger bench of the SC disqualified former prime minister Nawaz Sharif for life in the Panama Papers case.
The issue of electoral disqualification cropped up in the apex court again last month during the hearing of a petition moved by Sardar Mir Badshah Khan Qaisarani, who had filed nomination papers from constituency NA-189 and PP-240 Taunsa (Dera Ghazi Khan) in 2008 and 2018 elections, respectively.
He was disqualified for producing a fake graduation degree. His appeal is still pending before the Lahore High Court.
In June last year, parliament introduced an amendment to Section 232 of the Election Act, setting the period of disqualification to five years under Article 62(1)(f). This legislative move adds a layer of complexity to the matter that the Supreme Court is now set to unravel.
During the previous hearing, after hearing all parties, the CJP said: "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," he remarked after hearing the parties.
More to follow….
