ISLAMABAD: After hearing arguments, the Supreme Court deferred its decision in the matter involving parliamentarians’ lifetime disqualification under Article 62(1)(F) of the Constitution on Friday.
While reserving the ruling, Pakistan’s Chief Justice (CJP) Qazi Faez Isa stated that a short order would be issued soon.
The hearing was conducted by a seven-member bigger bench led by CJP Isa and included of Justice Syed Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar, and Justice Musarrat Hilali.
During a previous hearing on a plea submitted by former PML-N provincial member Sardar Meer Badshah Khan Qaisrani last month, the highest court took note of ambiguities about the length of disqualification under the Election Act, 2017, and an apex court ruling.
In 2007, Qaisrani contested his lifetime ban due to a forged degree.
The proceedings were streamed live on the SC website and YouTube channel.
CJP Isa stated in the previous hearing on Thursday that disqualifying anyone for life from parliament was “against Islam,” adding that the court was seeking “clarity” on whether the disqualification period for a lawmaker was five years — as per the amendment in the Election Act 2017 — or a lifetime ban under the aforementioned article which deals with the criteria to contest elections.
“The Holy Quran mentions that the status of humans is very high,” the top judge stated, alluding to a Surah Sajdah phrase that explains that humans are not wicked, but their actions are.
“Disqualifying anyone [for life] is against Islam,” he went on to say.
As the proceedings began today, CJP Isa stated that the top court would not examine specific issues pertaining to elections, but would instead hear matters pertaining to constitutional interpretation.
Following that, Advocate Makhdoom Ali Khan, Jahangir Tareen’s lawyer, began his arguments.
Justice Shah asked Khan if the pronouncement of disqualification would come from the civil court. Advocate Khan responded in the affirmative.
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Justice Mazhar then inquired if Article 62(1)(f) may be implemented before or after the elections.
Khan responded, “If we read Articles 62 and 62 together, the candidate is disqualified for pre-elections.”
Following this, the Chief Justice said, “Why are we limiting ourselves to only one specific part of the Constitution and disregarding the constitutional history and fundamental rights?”
“Do not limit yourself, and as a constitutional expert, explain to us in a broader context,” the CJP instructed the lawyer.
Tareen’s barrister Khan pleaded with the larger bench to overturn the ruling in the Samiullah Baloch case, in which the Supreme Court ruled that the disqualification period under Article 62(1)(F) would be for life.
“Is there another country that has such a stringent test for parliamentarians?” “Are our politicians different from politicians all over the world?” the chief justice asked, adding that lifetime exclusion should be based on some “logic.”
Following that, Justice Mandokhail queried if a politician jailed for fraud may run for office after serving his term.
An accountability court in Islamabad granted the National Accountability Bureau (NAB) a four-day extension in the physical detention of former federal minister Fawad Chaudhry in a corruption case involving development projects in Jhelum on Friday.
Accountability Court No. 1 in Islamabad Judge Muhammad Bashir prolonged Fawad’s physical detention at the request of the NAB, who informed the court that they needed to acquire banking information pertaining to the suspect.
The NAB deemed some of the transactions “suspicious” after investigating seven bank accounts, according to the prosecutor, who also believes the former federal minister “received bribes.”
The accountability court served the verdict, which was later publicized on the same day, after hearing arguments from both parties.
The judge granted NAB a four-day extension in Fawad’s physical remand and asked the officials to deliver the suspect in court on January 9.
In addition, the court granted Fawad’s request for permission to visit his family during his arrest.
It is worth noting here that the NAB arrested Fawad in the corruption case on December 16. The arrest warrant was signed by NAB Chairman Lt-Gen (retd) Nazir Ahmed Butt, and Chaudhry was taken into custody from Adiala jail, where he was detained in the fraud case.
The anti-graft body obtained a 10-day physical remand of the former federal minister on December 20. Fawad was brought before the court on December 30 after the remand was completed.
During the hearings, NAB Prosecutor Irfan Bhola informed the court that the former PTI leader was being interrogated and was disclosing information about suspected violations. Later, his physical remand was extended for another six days by the court.
