Supreme Court hears key issue of lifetime disqualification of politicians

ISLAMABAD – A seven-member bench of Supreme Court started hearing the issue of lifetime disqualification today on Tuesday with the upcoming polls around the corner. 

Bench spearheaded by Chief Justice of Pakistan 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 is hearing the case, that will shape the country's political landscape.

The bench of the top court is engaged in discussions about whether the disqualification of lawmaker is for a lifetime under Article 62 of the Constitution or for 5years.

Article 62(1)(f) was added to the Constitution during the dictatorship, and in the last four decades, no civil government could abrogate Article 62(1)(f).

Five years back, a Pakistani court disqualified PML-N chief Nawaz Sharif in Panama Papers case under Article 62(1)(f) for failing to declare unclaimed income. Later, a larger bench of SC ruled that the disqualification period under Article 62(1)(f) would be for life.

Another Supreme Court judge Justice (r) Azmat Saeed, ruled that the top court had the authority to interpret the Constitution but not to amend it. Legal experts also termed the disqualification of a politician under Article 62(1)(f) to life imprisonment.

In mid-2023, national legislature set the period of disqualification to five years under Article 62(1)(f) through Section 232 of the Election Act (Amendment) Bill.

More to follow...