SC declares lifetime disqualification as null and void for lawmakers

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ISLAMABAD (Daily Point) — The Supreme Court (SC) rendered the lifetime disqualification for lawmakers under Article 62(1)(f) of the Constitution null and void, with a majority decision of 6:1 on Monday.

A larger bench comprising seven members, led by Chief Justice of Pakistan (CJP) and including Justice Syed Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, and Justice Musarrat Hilali, delivered the reserved verdict on a series of petitions seeking clarification on whether the disqualification period for lawmakers should be five years or a lifetime.

“We will try to come up with a shorter order as soon as possible. Probably not today, but it will be very soon, God willing,” Justice Isa remarked as he concluded the proceedings.

With elections approaching rapidly, the SC aimed to conclusively settle the debate on whether individuals disqualified under Article 62(1)(f) could participate in polls, considering the amendments in the Elections Act 2017.

On January 5, the SC had reserved its decision on re-examining the lifetime disqualification of lawmakers under Article 62(1)(f), with Chief Justice Qazi Faez Isa advocating for the “original Constitution” and expressing concerns about “encroachments” into the country’s bill of rights over the years.

Stepping in to address discrepancies between court rulings and parliamentary legislation, the supreme court sought to determine whether a lawmaker’s disqualification under Article 62(1)(f) should be a lifelong ban or the specified five years according to the Elections Act.

Article 62(1)(f) was added to the Constitution by the former military dictator Gen. Ziaul Haq, and the issue gained prominence after the permanent disqualification of former Prime Minister Nawaz Sharif from office in the Panama Papers case by a higher court of the Supreme Court.

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