Irshad Bhatti Interesting Analysis on Disqualification Case Decision By Supreme Court

In a landmark verdict, the Supreme Court on Monday decided against the lifetime disqualification of politicians under Article 62(1)(f) of the Constitution, doing away with its earlier order of debarring lawmakers for life from parliament.

The court ruled that no person could be barred for lifetime from contesting elections, setting aside its previous judgment in the Samiullah Baloch case.

The verdict, which was reserved on the previous hearing on Jan 6, was announced with a 6-1 majority vote, with Justice Yahya Afridi dissenting with the other six judges.

The fresh verdict comes as a breather for PML-N supremo Nawaz Sharif and Istehkam-e-Pakistan Party head Jahangir Tareen, who had been disqualified for life and can now run for office in the upcoming elections slated for Feb 8.

Headed by Chief Justice of Pakistan Qazi Faez Isa, a seven-member larger bench comprising Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar and Justice Musarrat Hilali, heard the case.

CJP Isa, on Jan 4, highlighted that banning anyone for life from parliament went against the principles of Islam.

While announcing the verdict, Justice Isa expressed the need for releasing the order at the earliest in view of the election schedule having already been issued.

In the written order, the SC noted that Article 62(1)(f) of the Constitution is not a self-executory provision as it does not by itself specify any period for disqualification.

“There is no law that provides for the procedure, process, and the identification of the court of law for making the declaration mentioned in Article 62(1)(f) of the Constitution and the duration of such a declaration, for the purpose of disqualification thereunder, to meet the requirements of the Fundamental Right to a fair trial and due process guaranteed by Article 10A of the Constitution,” the order read.

“The interpretation of Article 62(1)(f) of the Constitution in imposing a lifetime disqualification upon a person through an implied declaration of a court of civil jurisdiction while adjudicating upon some civil rights and obligations of the parties is beyond the scope of the said Article and amounts to reading into the Constitution,” it added.

“Such reading into the Constitution, the order mentioned, is also against the principle of harmonious interpretation of the provisions of the Constitution as it abridges the fundamental right of citizens to contest elections and vote for a candidate of their choice enshrined in the Constitution, in the absence of reasonable restrictions imposed by law.”

“Until a law is enacted to make its provisions executory, Article 62(1)(f) of the Constitution stands on a similar footing as Article 62(1)(d), (e), and (g), and serves as a guideline for the voters in exercising their right to vote,” detailed the order.
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