ISLAMABAD: Chief Justice Qazi Faez Isa said that the Supreme Court aims to finalize the hearing on the lifetime disqualification case by Thursday (January 4), a pivotal judgment determining whether lawmakers’ disqualification from contesting polls should be lifelong or for five years per the amended Election Act 2017, aligning with Article 62 (1)(F).
The Supreme Court adjourned the hearing of the case for January 4, 2024.
Leading a seven-member bench, the Chief Justice presided over the case, with Justices Syed Mansoor Ali Shah, Yahya Afridi, Aminuddin Khan, Jamal Khan Mandokhel, Muhammad Ali Mazhar, and Musarat Hilali as the other members.
The proceedings were live-streamed on the Supreme Court’s website and YouTube channel.
The scrutiny stemmed from a discrepancy noted by the Chief Justice during a previous hearing related to the disqualification of a former PML-N provincial lawmaker, highlighting the conflict between the Court’s judgment and the amended Election Act’s provisions on lifetime disqualification.
The Chief Justice emphasized the impossibility of coexistence between the Supreme Court’s ruling and the legislative amendment, asserting the superiority of either the Parliament’s legislation or the Court’s judgment.
A previous apex court verdict in 2018 decreed that individuals disqualified under Article 62(1)(f) of the Constitution face a lifetime ban.
Notably, both Nawaz Sharif, the former Prime Minister, and Jahangir Tareen, a former PTI leader, were disqualified under this clause in 2017.
The Court’s decision stemmed from findings of dishonesty in Nawaz’s conduct toward the parliament and judiciary, resulting in his disqualification.
Subsequently, he faced imprisonment in multiple cases, although the Islamabad High Court acquitted him after his return to the country.
In 2023, the PDM coalition government introduced an amendment to the Elections Act 2017, reducing the disqualification period for lawmakers to five years retroactively.
This case holds immense significance with impending general elections on February 8.
Notably, the Election Commission of Pakistan rejected nomination papers of several key PTI candidates, including its founder Imran Khan, while accepting those of many PML-N candidates, including Nawaz Sharif. This decision drew criticism from PTI leaders regarding the commission’s role.
