Top court seeks ‘clarity’ on lifetime disqualification before elections: CJP

Top court seeks ‘clarity’ on lifetime disqualification before elections: CJP

Islamabad: Chief Justice of Pakistan (CJP) Qaiz Faez Isa said on Thursday the apex court was seeking “clarity” in the run-up to the February 8 general elections.

A seven-member larger bench, headed by the CJP and comprising Justice Justice Syed Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar and Justice Musarrat Hilali resumed hearing a set of petitions to determine whether the disqualification period for a lawmaker was five years or a lifetime ban.

During the hearing, the top judge said that the court was seeking “clarity” on whether the disqualification period for a lawmaker was five years or a lifetime ban under the aforementioned article which deals with the criteria to contest elections.

CJP Isa said that the solution to this matter is present in Islam.

“The Holy Quran mentions that the status of humans is very high,” the top judge said, referring to a verse from Surah Sajda which explains that human beings are not bad but their deeds are.
“Disqualifying anyone for life is against Islam,” he added.

The inconsistency between court decisions and parliamentary legislation regarding the duration of disqualification under Article 62(1)f has prompted the apex court to intervene and determine whether the disqualification of a lawmaker should be for a lifetime or five years stipulated in the Election Act.

The fate of many politicians, including Pakistan Muslim League-Nawaz (PML-N) supremo Nawaz Sharif and Istehkam-e-Pakistan Party (IPP) founder Jahangir Tareen, depends on the verdict of this case.

The hearing was adjourned till Friday 9am.