A 7-member larger bench of the Supreme Court, headed by Chief Justice Qazi Faiz Isa, heard the case related to the period of disqualification. Attorney General Mansoor Usman Awan has said that Nawaz Sharif’s lifelong disqualification decision should be reconsidered.
Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Jamal Mandukhel, Justice Mohammad Ali Mazhar and Justice Musrat Hilali are also part of the 7-member larger bench.
At the beginning of the hearing, Saqib Jilani, the lawyer of the petitioner, Imam Bakhsh Qaisrani, and the Attorney General came to the rostrum. The Attorney General said that they are supporting the legislation to make the penalty of disqualification five years under Article 62 One F. Nawaz Sharif is disqualified for life. The decision should be reconsidered.
The Chief Justice asked who among the petitioners supports lifetime disqualification? On which petitioner Sanaullah Baloch, advocate Khurram Raza and Usman Karim supported lifelong disqualification.
The Attorney General said that I support the disqualification period given in the Election Act and the court should reconsider the case of Samiullah Baloch under Article 62 1F. Nawaz Sharif life disqualification decision should be reconsidered.
Saqib Jilani, counsel for the petitioner against Mir Badshah Qaisrani, also opposed the disqualification for life.
Lawyer Saqib Jilani said that I filed a petition against Mir Badshah Qaisrani in 2018 when the verdict of life-time disqualification came under 621F, now section 232 has been included in the Election Act, so the plea to the extent of life-time disqualification is not followed. doing
The Attorney General requested the Supreme Court to review the decision on the interpretation of lifelong disqualification under Article 62 One F. ?
The Attorney General replied that the request to the court to review the decision of life disqualification would support the Election Act as it is a federal law.
The Chief Justice said that the position of the Advocate Generals is also taken on this matter, will you support or oppose the position of the Attorney General?
The Advocate Generals also supported the position of the Attorney General, the Provincial Advocate Generals supported the amendments in the Election Act, the Attorney General read out Articles 62, 63 of the Constitution.
The Attorney General read out all the constitutional conditions of eligibility and disqualification to become a Member of Parliament, he said that both the sixty-two and sixty-three conditions are observed from the time of nomination papers, both articles apply at the point of entry.
The Chief Justice said that some clauses are related to the facts, they are easy, some clauses are difficult like the good character clause, the Attorney General said that we can say, the Chief Justice remarked that they are of good character? At which there was laughter in the court.
The Chief Justice said that having a good knowledge of Islamic teachings is also a requirement, I don’t know how many people will be able to pass this test.
The Chief Justice said that the period of disqualification is not determined in the constitution, this gap was filled by the courts.
Justice Mansoor Ali Shah asked the Attorney General that the question is whether the disqualification period given in the Election Act will be a more important concept than the Constitution. It is a matter of interpretation of Article 63, if he commits high treason, he can contest election, while those convicted in civil court for minor crimes cannot contest election.
According to the announcement issued by the Supreme Court, the hearing of the case of lifelong disqualification of politicians is being broadcast live on the Supreme Court’s website and YouTube channel.
Lawyers say that Nawaz Sharif and Jahangir Tareen will be eligible to contest elections if the disqualification is declared under Election Act instead of 62-1F.
According to the jurists, the period of disqualification is not written in Article 62 One F of the Constitution, but in the past the Supreme Court interpreted it as lifetime disqualification.
It should be noted that during the hearing of Mir Badshah Khan Qaisrani’s disqualification case on December 11, Chief Justice of Pakistan Qazi Faiz Isa remarked that the Supreme Court’s decision on lifetime disqualification and the amendments in the Election Act cannot go together.
A bench comprising Chief Justice Qazi Faiz Isa and Justice Athar Minullah had sent the Judges Committee to decide the issue of determining the period of life disqualification before the larger bench, saying that the next hearing of the case would be in January 2024.
During the hearing, the Chief Justice said that the impression should not be taken from this case that the court is supporting a particular party, it is a constitutional problem which is going to be solved once, efforts will be made to complete the hearing of the case on January 4 and consultation. After that, judicial assistants can also be appointed.
Later, the Supreme Court adjourned the case related to lifelong disqualification till 11:30 on January 4.
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2024-08-13 09:26:29
