Entire Pakistan is happy over 5-year disqualification law: CJP Isa

Islamabad: Chief Justice Qazi Faez Isa notes nationwide satisfaction with the amended Election Act 2017, restricting lawmakers’ disqualification to five years.

During a hearing on the disqualification of lawmakers under Article 62(1)(F) of the Constitution, CJP Isa remarked that the entire country is content with the five-year disqualification law, unchallenged by anyone.

The seven-member larger bench, headed by CJP Isa, conducted the hearing, addressing contradictions in the Election Act 2017 regarding the duration of disqualification. The case was brought to the court’s attention during a petition filed by former PML-N lawmaker Sardar Meer Badshah Khan Qaisrani, challenging his lifetime disqualification over a fake degree in 2007.

CJP Isa emphasized that a lifetime ban from parliament contradicts Islamic principles, seeking clarity on whether the disqualification period for a lawmaker is five years, as per the Election Act 2017 amendment, or a lifelong ban under Article 62(1)(F).

The proceedings were broadcast live on the Supreme Court’s website and YouTube channel. The court adjourned until Friday prayers.

In today’s hearing, CJP Isa clarified that the court would only address matters related to constitutional interpretation, not individual cases concerning elections. Jahangir Tareen’s lawyer, Advocate Makhdoom Ali Khan, presented arguments, affirming that the declaration of disqualification would come from the civil court.

Justice Mazhar inquired about the implementation of Article 62(1)(F) before or after elections, to which Khan responded that the candidate is disqualified pre-elections when Articles 62 and 63 are read together.

CJP Isa urged the lawyer not to limit the discussion to one specific part of the Constitution and to consider constitutional history and fundamental rights in a broader context. Khan implored the larger bench to overturn the Samiullah Baloch case verdict, which declared the disqualification period under Article 62(1)(F) to be for life.

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