SCBA requests CJP to fix appeal on lifetime disqualification

The Supreme Court Bar Association (SCBA) has requested Chief Justice of Pakistan (CJP) Umar Ata Bandial to fix its appeal against the Registrar Office’s decision of not entertaining the constitution petition against the lifetime disqualification of lawmakers under Article 62(1)(f) of the Constitution.

Earlier, the SC Registrar Office had refused to entertain the petition filed by the SCBA and its then president Ahsan Bhoon.

Article 62(1)(f), which sets the precondition for a member of parliament to be “sadiq and amen” (honest and righteous), is the same provision under which former premier Nawaz Sharif was disqualified by a five-judge SC bench on July 28, 2017 in the Panama Papers case.

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Similarly, now estranged PTI leader Jahangir Tareen was disqualified by a separate bench of the apex court under the same provision.

In 2018, a five-judge SC bench had unanimously held that disqualification handed down under Article 62(1)(f) of the Constitution was for life.

The SCBA petition had requested the top court to proclaim that the proceedings and declarations under Articles 184(3) or 199 of the Constitution did not constitute declarations by a court of law, as per the principles expounded by it.

Fresh application

The application has been submitted through Mansoor Awan Advocate.

The plea said that the question of law related to the interpretation of Article 62(1)(f) of the Constitution and its interplay with the rights guaranteed under Article 17 ibid.

Specifically, the question involved in the appeal is that whether a lifetime bar can be read into Article 62(1)(f) ibid when the language of that provision does not stipulate so.

Giving reason for urgency, the application stated that the question of law was of utmost constitutional and public importance and related to the enforcement of fundamental rights.

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"The outcome of the instant Appeal will have repercussions on the ability of present and future candidates to contest elections and also on the electoral choice exercised by the electorate at the Federal, Provincial and Local Government level," the application said.

It was submitted that the question of law was also of great significance taking into account the fact that the general elections were scheduled to be held this year.

It requested the CJP to allow the application and direct the office to fix the appeal.

The petition was filed by SCBA and its then president Ahsan Bhoon.

It is not clear whether incumbent SCBA executive body would endorse the earlier decision regarding the filing of petition on the subject.