The Supreme Court’s decision and the amendments to the Election Act cannot go hand in hand, Chief Justice

Chief Justice of Pakistan Qazi Faiz Isa has remarked during the hearing of a case that the Supreme Court’s judgment on lifelong disqualification and the amendments to the Election Act cannot go hand in hand.

In the Supreme Court, a bench consisting of Chief Justice Qazi Faiz Isa and Justice Athar Minullah while hearing the disqualification case of Mir Badshah Khan Qaisrani referred the issue of determining the period of lifetime disqualification before the larger bench to the Judges Committee. Diya, the next hearing of the case will be in January 2024.

The court said that the current case should not be used as an instrument to delay the elections, the notice of the current case should be published in two major English newspapers.

The Supreme Court took notice in the case of Mir Badshah Qaisrani’s life disqualification, according to the court order, the committee will decide whether the larger bench will be 5 members or 7 members.

The court also ordered a copy of the decree to be sent to the Election Commission.

During the hearing, life disqualification and amendments to the Election Act were discussed, during which Justice Athar Manullah said that the present case is related to the 2018 elections, now the new elections are on the horizon, so how is this a live issue?

The petitioner’s lawyer Saqib Jilani replied that the current case will have an impact on the upcoming elections as well.

The Chief Justice inquired why Mir Badshah Qaisrani was disqualified. The lawyer said that Mir Badshah Qaisrani was disqualified in 2007 on the basis of a fake degree. ) was disqualified under (f).

Chief Justice Qazi Faiz Isa inquired how life long disqualification can remain if someone’s sentence ends. On this, the petitioner’s lawyer said that the person submitting the nomination papers on false affidavit should be disqualified, the Supreme Court had given a decision in the Panama case on the interpretation of Article 62 (one) (f).

The Chief Justice remarked that there are two opinions on the issue of disqualification of the Supreme Court. If there is a severe penalty of disqualification for life in NAB cases, how much disqualification will there be in case of murder?

The petitioner’s lawyer replied that the disqualification of a politician for the crime of murder would be 5 years, Justice Athar Minullah said that the punishment for a serious crime like rape of a child is also 5 years disqualification.

The Chief Justice said that there has been a new law related to lifelong disqualification and Article 62 (one) (f)? The petitioner’s lawyer said that the maximum period of disqualification has been increased to 5 years by recently amending the Election Act.

Justice Athar Minullah said that by amending the Election Act, the Parliament can cancel the effect of the Supreme Court’s decision, by adding Section 232 to the Election Act, the Supreme Court’s decision of Article 62 (one) (f) will be ineffective. It’s done.

Chief Justice Qazi Faiz Isa said that no one has challenged the amendment of the Election Act, when the amendment of the Election Act is not challenged, the other party will rely on it. is over.

He said that the elections are on, the returning officer, the election tribunal and the courts will be in a dilemma whether to rely on the Election Act or on the decision of the Supreme Court.

Justice Athar Manullah said that the Election Act will apply to the current elections, after the inclusion of Section 232 in the Election Act, all decisions related to lifelong disqualification have become ineffective.

The petitioner’s lawyer said that Mir Badshah Qaisrani was disqualified in the 2007 elections on the basis of fake graduation degree, in the 2018 general elections Mir Badshah Qaisrani submitted nomination papers on the basis of matriculation, the High Court allowed Mir Badshah Qaisrani to contest the elections. According to Article 62 (1) (f), Mir Badshah Qaisrani is ineligible for life and could not contest the elections.

The lawyer further said that the appeal against the sentence of Mir Badshah Qaisrani is pending in the High Court, the Supreme Court should order the High Court to decide on the appeal.

On this, the Chief Justice said that the Supreme Court cannot order the High Court, we are not sitting on the High Court as a monitoring judge, we will decide on the constitutional issue and not on the appeal pending in the High Court.

He remarked that the Supreme Court’s decision on lifetime disqualification and the Election Act cannot go hand in hand, either the amendment of the Election Act or the Supreme Court’s decision has to be upheld. So why the lifetime disqualification of those who do not pray or who speak lies?

Chief Justice Qazi Faiz Isa said that after the Supreme Court Practice and Procedure Act is made, a bench of at least five judges should be formed on this constitutional interpretation.

The court discussed with the lawyer petitioner that it is better to assist the court than to lose or win the case, this confusion will be removed through you.

The Chief Justice asked the Additional Attorney General what is his opinion regarding the incompetence of the Waqfi government. The Additional Attorney General replied that the Federation is of the opinion that Section 232 of the Election Act is superior to the judgment of the Supreme Court.

The court said that there were three appeals before the Supreme Court regarding the disqualification of the National and Provincial Assembly, the matter before the Supreme Court was related to the elections of 2008 and 2018, the petitioner was also sentenced to 2 years with disqualification on the basis of fake degree. happened

The court further said that the petitioner’s appeal against the sentence of disqualification is pending in the Lahore High Court. The Supreme Court will only look into the question of disqualification. The period has been made 5 years in Section 232 of the Election Act.

The court said that according to the Additional Attorney General, Section 232 would override the decision of the Supreme Court on lifetime disqualification, while according to the petitioner, the Supreme Court has interpreted Article 62 (one) (f) of the Constitution as life disqualification, according to the lawyers. Section 232 of the Election Act was not challenged, this issue will cause confusion to the Returning Officers in future elections, whether the Returning Officer should rely on the Election Act or the decision of the Supreme Court, this dilemma is not good for democracy.

He further said that there is also a fear that the Election Tribunal and the Courts may get bogged down in unnecessary litigation. According to the Additional Attorney General, this is a matter of constitutional interpretation and should be decided before a larger bench. Referred to the Judges Committee for

The court said that notices are issued to the Attorney General and all Advocate Generals for assistance, notices are also issued to the Election Commission for assistance in the matter related to disqualification.

The Additional Attorney General said that there is a situation of uncertainty in the country at the moment.

On this, Justice Athar Manullah said that Mr. Attorney General, you should not repeat this uncertain thing, the elections will be held on February 8, whoever talks about uncertainty will be guilty of contempt of court.

The court said that no one, including the Election Commission, will use the current case to delay the elections.

Later, the court adjourned the hearing till January 2024.