Islamabad: The Supreme Court is likely to announce the reserved verdict on set of petitions challenging the duration of disqualification under Article 62(1)(f).
On Friday, a seven-member SC larger bench of the top court, headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa and comprising Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Amin Ud Din Khan, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar and Justice Musarrat Hilali conducted hearing in the case and reserved the verdict.
The proceedings of the case were broadcast live on the SC’s website.
During Friday’s hearing, CJP Isa said that the SC would not take up individual cases related to elections but would only hear matters related to constitutional interpretation.
Following this, Jahangir Tareen's lawyer, Advocate Makhdoom Ali Khan, started his arguments.
Justice Mansoor Ali Shah questioned Makhdoom if according to him, the declaration of disqualification would come from the civil court. To this, Tareen’s counsel replied in the positive.
Justice Mazhar then asked whether Article 62(1)(f) can be implemented before the elections or even after the polls.
At this, Makhdoom Ali Khan replied that the candidate is disqualified pre-elections if we read Articles 62 and 62 together.
After this, the CJP asked that why are we limiting ourselves to only one specific part of the Constitution and disregarding the constitutional history and fundamental rights?
“Do not limit yourself and as a constitutional expert, explain to us in a broader context,” the CJP told the lawyer.
Makhdoom Ali Khan implored the larger bench to overturn the Samiullah Baloch case verdict wherein the top court held that the disqualification period under Article 62(1)(F) will be for life.
During the previous hearing on Thursday, CJP Faiez Isa said that the court was seeking “clarity” on whether the disqualification period for a lawmaker was five years or a lifetime ban under the aforementioned article which deals with the criteria to contest elections.
He remarked that said that the solution to this matter is present in Islam.
“The Holy Quran mentions that the status of humans is very high,” the top judge said, referring to a verse from Surah Sajda which explains that human beings are not bad but their deeds are.
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 that the legislation introduced by the elected members of the Parliament could not be seen with hate. He noted that the Article 62(1)(f) did not mention the period of disqualification.
The verdict is said to impact the eligibility of top political leaders, including former PM Nawaz Sharif and IPP chief Jahangir Tareen, for upcoming general elections.
