SC Hearing on Lifetime Disqualification Case Scheduled for Tomorrow
Supreme Court to Address Lifetime Disqualification Case Tomorrow, Potentially Impacting Nawaz Sharif’s Election Eligibility
The Supreme Court is set to deliberate on the matter of lifetime disqualification for lawmakers on Tuesday, which could have implications for Pakistan Muslim League-Nawaz (PML-N) leader Nawaz Sharif’s eligibility to participate in the upcoming general elections scheduled for February 8.
A seven-member bench, led by Chief Justice of Pakistan (CJP) Qazi Faez Isa, including Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Jamal Mandokhail, Justice Muhammad Ali Mazhar, and Justice Musarrat Hilali, will preside over the proceedings.
The Supreme Court initiated an inquiry into the conflicting provisions regarding the duration of disqualification in the Election Act of 2017 and a prior Supreme Court decision during the hearing of a petition filed by former PML-N provincial lawmaker Sardar Meer Badshah Khan Qaisrani last month.
Qaisrani challenged his lifetime disqualification over a fake degree obtained in 2007.
During the hearing on December 11 last year, CJP Faez Isa noted the inconsistency between the Supreme Court’s ruling on lifetime disqualification and the amendments introduced to the Elections Act 2017.
He emphasized that either the legislation enacted by parliament under the Elections Act 2017 or the Supreme Court’s judgment must take precedence.
“The issue has to be settled once and for all,” remarked CJP Isa, referring the matter to a three-member committee established under Section 2 of the Supreme Court (Practice and Procedure) Act, 2023, responsible for deciding case allocations to benches of the apex court.
In a 2018 judgment, the Supreme Court determined that any person disqualified under Article 62(1)(f) of the Constitution would face a lifetime disqualification.
Subsequently, the former coalition government of the Pakistan Democratic Movement (PDM) introduced an amendment to the Elections Act 2017, reducing legislators’ disqualification to five years, applied retrospectively.