With a little over a month remaining before the country heads to general polls on February 8, the Supreme Court has constituted a seven-member larger bench to address the conflicting issue of lifetime disqualification versus a five-term bar under Article 62(1)f of the Constitution.
The hearing is scheduled for 11:30 am on Tuesday (today). Chief Justice Faez Isa will lead the bench, which includes Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, and Justice Musarrat Hilali.
The inconsistency between judicial 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 for five years, as stipulated by parliament.
The disqualification conundrum stems from the addition of Article 62(1)f to the Constitution by former military ruler Gen Ziaul Haq through the 8th Amendment. Despite being part of the Constitution for the past 38 years, no elected government has been able to abrogate this provision.
The issue gained prominence when a larger bench of the Supreme Court, in the Panama Papers case, disqualified former prime minister Nawaz Sharif under Article 62(1)(f). The court ruled that the disqualification would be for life, a decision reaffirmed by a subsequent bench.
In June of the previous year, parliament introduced an amendment to the Section 232 of the Election Act, setting the period of disqualification to five years under Article 62(1)(f). This legislative move adds a layer of complexity to the matter that the Supreme Court is now set to unravel.
Meanwhile, the National Accountability Bureau (NAB) chairman moved the Islamabad High Court (IHC) for the restoration of the 10-year disqualification period of the convict for the coming general elections.
The NAB’s intra-court appeal sought suspension of the court’s single bench decision, which lowered disqualification period to five years.
The IHC has fixed the appeal for hearing on Tuesday (today). A division bench, consisting of Justice Mohsin Akhtar Kiani and Justice Taman Rifat Imtiaz will take up the appeal.
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