SC Resumes Hearings on Lawmaker Disqualification: Lifetime or Five Years

Bushra Siddiqui

The Supreme Court (SC) resumed hearings on Friday concerning petitions addressing the lifetime disqualification of lawmakers. Chief Justice of Pakistan (CJP) Qazi Faez Isa heads a seven-member larger bench, including esteemed justices such as Syed Mansoor Ali Shah, Yahya Afridi, Aminuddin Khan, Jamal Khan Mandokhail, Muhammad Ali Mazhar, and Musarrat Hilali.

The focal point of the petitions is to seek clarity from the apex court on whether the disqualification period should be a lifetime or five years. CJP Isa, in his previous remarks during the hearings, emphasized that the determination of lifetime disqualification under Article 62(1)(f) should align with constitutional principles rather than individual perceptions.

The live broadcast of the proceedings is available on the Supreme Court’s YouTube channel, ensuring transparency and accessibility.

CJP Isa expressed a commitment to swiftly resolve the case to prevent confusion, especially for returning officers (ROs) as the general elections are scheduled for February 8. The case holds significance in determining whether individuals disqualified under Article 62(1)(f) can participate in elections, considering amendments in the Elections Act 2017.

A three-judge committee, consisting of CJP Isa, Justice Sardar Tariq Masood, and Justice Ijazul Ahsan, forms the bench under the Supreme Court (Practice and Procedure) Act 2023. The case may also impact the eligibility of Pakistan Muslim League-Nawaz (PML-N) supremo Nawaz Sharif to contest upcoming polls, as he faced a lifetime disqualification in 2017 under Article 62(1)(f).

Article 62(1)(f) mandates that a person must be sagacious, righteous, non-profligate, honest, and ameen to qualify for parliamentary membership. Amendments in the Elections Act 2017 during the previous Shehbaz Sharif-led government limited lawmaker disqualification to five years.

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