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The Supreme Court on Monday ended lifetime disqualification under Article 62(1)(f) of the Constitution in a 6-1 majority verdict.
On Friday, a seven-member larger bench, headed by the Chief Justice of Pakistan (CJP) Qazi Faez Isa and comprising Justice Syed Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar and Justice Musarrat Hilali, had reserved the verdict in the case.
“We will try to come up with a shorter order as soon as possible. Probably not today but it will be very soon, God willing,” Justice Isa had said as he wrapped up the proceedings.
With elections fast approaching, the SC sought to determine once and for all the raging debate on whether aspirants disqualified under Article 62(1)(f) of the Constitution could contest polls in light of the amendments in the Elections Act 2017.
The law is the same provision under which former prime minister Nawaz Sharif and Istehkam-i-Pakistan Party Chairman Jahangir Tareen were disqualified.
The legal conundrum arose in view of a 2018 SC judgment in the Samiullah Baloch case, when the apex court ruled that disqualification handed down under Article 62(1)(f) was supposed to be “permanent”. The verdict was issued by former chief justice Mian Saqib Nisar, Justice Sheikh Azmat Saeed, ex-CJP Umar Ata Bandial, Justice Ijazul Ahsan and Justice Sajjad Ali Shah.
However, in June 2023, an amendment was brought in the Elections Act 2017, specifying that the period of the electoral disqualification will be for five years, not for life.
The dilemma cropped up in the top court last month during an electoral disqualification dispute moved by Sardar Mir Badshah Khan Qaisarani, who was disqualified for producing a fake degree. His appeal is still pending before the Lahore High Court.
More to follow
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